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 individual, hereinafter referred to as the “Seller”, an Agency Agreement for the performance in favor of the latter of legal and other actions on behalf of and at the expense of the Seller on the terms and conditions provided for in this Offer (hereinafter referred to as the “Agency Agreement”).
1.2. Administration of the Service and the Seller hereinafter in the text of the Offer are referred to jointly as “Parties”, and separately as “Party”.
1.3. This Offer is addressed to an unlimited number of individuals who have the appropriate 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 the Agency Agreement on the terms and conditions defined in the Offer.
1.4. It is hereby presumed and the Seller confirms that he has legal and legal capacity (legal personality, legal capacity) sufficient to enter into an Agency Agreement with the Administration of the Service on the terms set out in the Offer.
1.5. This Offer contains all the main material terms and conditions of agency services rendered by the Administration of the Service to the Seller and is drawn up in accordance with the Civil Code of the country of Montenegro.
2.1. Acceptance of this Offer is carried out by the Seller by means of the performance of the conclusive (actual) actions, indicating his intention, will and desire to enter into legal relations with the Administration of the Service and to conclude the Agency 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 passing the registration procedure on the Service and ticking (marking) the agreement and acceptance of this Offer in a special section (registration form) on the Service. Completion of the registration procedure of the Seller is recognized as an acceptance of this Offer.
2.3. Acceptance of the Offer means familiarization, understanding of all together and each individually the terms of the Offer, full, unconditional and unconditional agreement of the Seller with the provisions and requirements defined in the Offer.
2.4. From the moment of acceptance of the Offer the Agency Agreement is recognized as agreed and concluded between the Administration of the Service and the Seller on the terms specified in this Offer, and its terms are subject to mandatory and strict execution by the Parties. In accordance with the Civil Code of Montenegro, under such Agency Agreement the Service Administration has the legal status of an Agent, and the Seller has the legal status of a Principal.
3.1. For the purposes of this Offer, the following terms are used with the following meaning:
3.1.1. “Deally” Service 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 making secure 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 is (are) buying the Goods and/or has (are) intending to buy the Goods, and/or has (have) bought the Goods, and/or has (have) 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 the 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. Agency Fee - an amount of money in the form of a commission (a certain percentage of the amount of the Transaction) payable by the Seller to the Service Administration for the provision of agency services specified and described in the text of this Offer, which is a payment for these agency services to the Service Administration.
3.1.8. 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.
3.1.9. Personal Cabinet - a personal section of the Service, provided to each Seller after registration and used to use the Service in accordance with its purpose.
3.2. The Offer may use terms that are not defined in paragraph 3.1. of this 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 assumes obligations to provide the Seller with the following agency services of legal and factual nature:
4.1.1. Conclusion of Transactions with Buyers on behalf, at the expense and in the interests of the Seller. The execution of the relevant Transactions is carried out through the Service by using the functional, technical and technological devices of the Service.
4.1.2. Organizing the receipt of funds for the Goods from the Buyer and their transfer (transmission) to the Seller, less the Agency Fee.
4.1.3. Placement of information about the Seller's Goods on the Service by providing the Seller with an opportunity to fill in the relevant sections of the Service (cards/pages of the Seller's Goods).
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 Seller's Goods 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. In this case, the Administration of the Service has the right to set restrictions on the prices for certain varieties of Goods.
4.4. Under the Transaction made by the Administration of the Service with the Buyer on behalf and at the expense of the Seller, the rights and obligations, as well as responsibility for the execution of this Transaction, arise (arise) directly from the Seller.
5.1. The Seller's rights and obligations:
5.1.1. The Seller undertakes to sell the Goods that comply with the requirements of the current legislation, are not prohibited or restricted in circulation. The Seller confirms that it has legal rights and opportunities to sell the Goods, information about which it places on the Service.
5.1.2. The Seller undertakes to comply with the terms of sale of the Goods agreed with the Buyer.
5.1.3. The Seller undertakes to provide complete and accurate information about itself, the Goods sold (sold), in particular for the purposes of publication and familiarization with this information by the Buyers. Especially the Parties have established that the information about the Goods published on the Service must fully contain all the information about the Goods, which is established by the legislation on consumer protection in the country of Montenegro (regardless of the legal status of the Seller).
5.1.4. The Seller undertakes to independently and timely familiarize himself with all the information posted on the Service, as well as in the notifications sent to the e-mail address or in the Seller's Personal Area.
5.1.5. The Seller undertakes to place information about the Goods in the sections of the Service corresponding to the type of the Goods, while complying with the restrictions and additional requirements set by the Administration of the Service.
5.1.6. The Seller undertakes to keep the information about the login and password for entering the Personal Account in a place inaccessible for third parties, as well as not to provide it to third parties.
5.1.7. The Seller hereby warrants and represents that all actions performed through the use of the Personal Account shall be deemed to have been performed directly by the Seller.
5.1.8. The Seller has the right to independently determine the conditions of sale of the Goods, in particular their price, quantity and other conditions.
5.1.9. The Seller has the right to place information about the Goods on the Service.
5.1.10. Other rights, opportunities and obligations determined at the discretion of the Administration of the Service.
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. Administration of the Service has the right to establish, cancel or change the fee for its services, including unilaterally change the amount of the Agency Fee.
5.2.3. The Administration of the Service has the right to remove any information from the Service that violates this Offer, legislation or the rights and interests of third parties.
5.2.4. Administration of the Service has the right to refuse to provide services to the Seller, in case of his illegal activities, as well as in the event that the rating of the Seller becomes negative.
5.2.5. The Administration of the Service has the right to make a refund to the Buyer for the Product, for which the Buyer left a negative feedback, if within 3 calendar days the Seller has not left a counter comment on the negative feedback or contacted the Administration of the Service. Refund to the Buyer is made from the Seller's personal account in full, taking into account all commissions and fees charged by third-party resources for making the payment.
5.2.6. The Administration of the Service has the right to request documents for the Goods sold by the Seller, in particular, confirming the source of their origin. At the same time, the period of withdrawal (receipt) of funds by the Seller may be extended by the period of submission of such documents.
5.2.7. The Administration of the Service has the right to request additional documents and confirmations of the Seller's identification, in particular the provision of identity documents, videoconferencing, etc.
5.2.8. The Administration of the Service has the right to reduce the Seller's rating as a penalty for violation of agreements with the Buyer.
5.2.9. The Administration of the Service has the right to suspend the Seller's activity on the Service in case of lack of response from the Seller to appeals and messages of the Administration of the Service for more than 48 hours.
5.2.10. Other rights, opportunities and obligations arising from this Offer.
5.3. The Seller hereby consents to the processing of his personal data in accordance with the provisions of applicable law, the reflection of his data in myAlpari and on the Service. Administration of the Service has the right to use personal data of the Seller for the purposes of execution of this Offer in accordance with the terms of applicable law.
6.1. The Administration of the Service is entitled to receive the Agent's remuneration for rendering the services provided by this Offer.
6.2. The amount of the Agency Fee is indicated on the Service and may vary depending on the section of the Service where information about the Seller's Goods is published.
6.3. The basis for payment of the Agent's Fee is the execution (completion) of the Transaction between the Seller and the Buyer and receipt of funds from the Buyer.
6.4. The procedure for payment of the Agency Fee - payment of the Agency Fee due to the Administration of the Service is carried out by withholding it from the amount of funds received by the Administration of the Service from the Buyer in payment for the cost of the Seller's Goods.
6.4.1. Deally Service Administration withholds its commission at the rate of 12% for the processing of funds through the PayPal payment system, the service fee of the payment system and PayPal commission are not included in the service fee of Deally Service.
6.4.2. Deally Service Administration deducts its commission of 9% + 0.5$ from each transaction for payment by Visa/Mastercard bank cards.
6.4.3. The Seller tracks the money due for the Goods sold (realized) to the Buyers on the balance in the personal cabinet, the amount of money is displayed with the Deally Service commission taken into account.
6.5. The funds due to the Seller for the Goods sold (sold) to the Buyers, less the Agency Fee, shall be transferred to the Seller within 3 working days from the date of receipt by the Administration of the Service of the corresponding request from the Seller for receipt (withdrawal) of funds, made through the Seller's Personal Area.
6.6. The payment of funds to the Seller is made by transferring funds from the settlement account of the Service Administration to the bank account of the Seller. The date of payment under this Agreement shall be the date of debiting funds from the current account of the Service Administration.
6.7. No payment of funds due to the Seller shall be made, and if such payment has already been made to the Seller, it shall be returned within 3 business days from the date of the relevant request by the Service Administration, or shall be withheld from other amounts of funds due to the Seller for other Transactions for the sale (realization) of Goods in the following cases:
- canceling the Transaction regardless of the grounds and reasons;
- invalidation of the Transaction regardless of the grounds and reasons;
- case specified in paragraph 5.2.5. of this Offer;
- other cases, as a result of which the Administration of the Service made a refund to the Buyer under the Transaction with the Seller.
6.8. The fee for the Seller's registration on the Service is not charged.
7.1. The Seller 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.
7.2. Due to the peculiarities of the functionality of the Service, the Administration of the Service can’t be responsible for the actions/inactions of the Sellers and Buyers, including for the failure of the Seller and Buyer to comply with the obligations under the Deal, as well as for the legality of the actions/inactions of the Sellers and Buyers before the transaction.
7.3. 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.
7.4. In case of bringing the Administration of the Service to responsibility for the actions of the Seller, the Administration of the Service has the right to shift this responsibility to the Seller and recover the losses incurred by it.
7.5. For violation of this Offer, the rights and interests of third parties, the norms of the current legislation of the Russian Federation, the Service Administration has the right to unilaterally without prior notice to the Seller or with prior notice to the Seller, as well as without giving reasons to apply to the Seller the following measures:
7.5.1. issue a warning to the Seller;
7.5.2. delete the Seller's Personal Account from the Service, thereby prohibiting the Seller from using the Service;
7.5.3. block the Seller's Personal Account for a certain period of time, set at the discretion of the Administration of the Service;
7.5.4. establish a ban on the use of certain sections of the Service by the Seller for a certain period of time or without determining the period of time.
7.6. 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 terms of transfer of the Goods, etc.
7.7. 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.
7.8. The Administration of the Service is not responsible in any form for any discrepancy between the content, functionality and purpose of the Service and the Seller's expectations. The Service is provided for use by Sellers on an “as is” basis.
8.1. 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.
8.2. 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.
9.1. This Offer comes into effect from the moment of its placement on the Internet on the Service specified in paragraph 3.1.1. of this Offer.
9.2. This Offer is entered into force for an indefinite period of time and becomes void upon its revocation by the Administration of the Service.
9.3. 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.
9.4. The Seller undertakes to independently monitor changes in the provisions of this Offer and is responsible for negative consequences associated with failure to comply with this obligation.
9.5. If the Seller does not agree with the relevant changes, the Seller is obliged to stop using the Service and refuse from the services provided by the Administration of the Service. Otherwise, the continued use of the Service by the Seller means that the Seller agrees with the terms of the Offer in the new edition.
9.6. 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.
9.7. 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.