Public Offer Agreement
1.General
1.1. BIGDAYCO LLC, hereinafter referred to as the "Seller", places this Public Offer Agreement on the sale of goods presented on the Seller's website ashleyhome.uz
1.2. In accordance with Article 447 of the Civil Code of the Republic of Uzbekistan, this Agreement is recognized as a Public offer of goods and, if the Buyer accepts the conditions set forth in this Agreement, pays for the Seller's Goods in accordance with the terms of this Agreement. If the Buyer pays for the goods, this payment confirms the Buyer's consent and acceptance of the terms of this Agreement, which is considered equivalent to the conclusion of the Agreement on the conditions set forth in this offer.
1.3. This Agreement, including all annexes to it, are official documents of the Seller.
1.4. The following terms and definitions apply in this Public Offer Agreement:
- "Offer" - the Seller's public offer, intended for individuals to conclude an agreement for the sale of goods (hereinafter referred to as the Agreement) on the terms contained in this Contract.
- "Seller" - BIGDAYCO LLC, which sells Goods through the Internet site.
- "Sale of goods through the Internet site" - the sale of goods under the Agreement concluded on the basis of the Buyer's acquaintance with the description of the goods proposed by the Seller contained on the Internet site, excluding the possibility of direct acquaintance of the Buyer with the Goods or a sample of the Goods at the conclusion of such an Agreement.
- "Website" - an Internet resource owned by the Seller at: ashleyhome.uz, which provides information about the Product, its consumer properties of the Product, the rules and conditions for the operation of the Product, price, terms of purchase Goods, delivery, service life, warranty period, payment procedure, validity period of the offer to conclude the Agreement, as well as full information about the Seller.
- "Buyer" - an individual who intends to buy goods for personal use (family, household and other needs).
- "Acceptance" - full and unconditional acceptance by the Buyer of the terms of this Agreement.
- "Goods" - a material object not withdrawn from civil circulation, the list of assortment names of which is presented on the Seller's website.
- "Prepayment" - a form of payment, which means that the Seller releases the Goods only after the Seller receives the amount of money due to him on the terms of this Agreement.
- "Order" - individual items from the list of Goods selected and indicated by the Buyer when placing an order on the Seller's website.
- "Delivery of Goods" - direct transfer of the ordered Goods to the Buyer at the place specified by the Buyer as the delivery address.
1.5. Placing an Order by the Buyer and its further transfer for execution means that the Buyer is fully acquainted with the Goods, with information about the presence (absence) of preferences, discounts, as well as the impact of the conditions of the Order (including the cost of delivery) on the formation of the final price of the Goods.
2. Subject of the contract
2.1. The Seller sells the Goods in accordance with the current prices published on the Website, and the Buyer makes payment and accepts the Goods at the Seller's warehouse, in accordance with the terms of this Agreement.
2.2. The contract is considered concluded from the moment the Seller issues to the Buyer a cash or sales receipt or other document confirming payment for the goods or from the moment the seller receives a message about the buyer's intention to purchase the goods.
3. Placing an Order
3.1. The Buyer selects the items of interest to him and places the Order on his own on the Seller's website or by calling the phone number indicated on it.
3.2. When placing an Order on the Seller's website, the Buyer undertakes to provide information about himself, including full name, actual delivery address (if necessary), email address, contact numbers.
3.3. When placing an Order by phone, the Buyer undertakes to provide the information specified in clause 3.2. of this Agreement.
The Buyer accepts the terms of this Agreement by entering the relevant data into the registration form on the Website or by calling the manager who reserves this Order and paying in full for the selected Goods.
3.5. All information materials presented on the Internet site are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods, such as: price, color, shape, size and packaging. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order, he must seek advice from the Seller or send a request to the e-mail address store @ashleyhomstore.uz .
3.6. After placing an order on the Website or by phone, the Buyer is provided with information about the expected date of Delivery by sending an electronic message to the address specified during registration or other means of communication agreed with the Buyer.
4. Terms of execution of the Order
4.3. If the Buyer provides false information about his contact details or the composition of the Order, the Seller shall not be liable for improper execution of the Order.
4.4. If it is impossible to fulfill the Order, the Seller returns to the Buyer the prepayment made by him for the Order.
5. Order Delivery
5.1. The Buyer specifies the cost of Order Delivery on the Internet site or by phone. Delivery is carried out within the terms specified by the Seller and the Buyer, after the Order is received at the Seller's warehouse, via the Internet site or by phone.
5.2. The cost and terms of delivery (as well as lifting to the floor, if necessary) of the Order are specified by the Buyer on the website or by phone.
5.3. In case of improper execution of the delivery of the Order due to the fault of the Seller, the repeated delivery of the Order is carried out free of charge within 5 working days.
5.4. If the delivery of the Goods is made within the terms established by the Agreement, but the Goods were not transferred to the Buyer through his fault, the subsequent Delivery is made within the new terms agreed with the Seller, after the Buyer repays the cost of services for the delivery of the Goods. In the warehouse of the Seller, the goods are stored for 3 days free of charge, for each subsequent day, a payment of 2% of the Order value is charged for the storage of the Goods. When the amount of payment for storage of the Goods reaches the amount of the Order or the paid prepayment, the Agreement is considered terminated, and the Goods are sold on a general basis.
5.5. In the cities of the Republic of Uzbekistan, the Goods are delivered by transport companies, taking into account the approved tariffs.
6. Assembly and installation of the Order
6.1. The cost of assembly and installation of the Order is specified by the Buyer on the website or by phone.
7. Order payment
7.1. Settlement under the Agreement is carried out by transferring funds by the Buyer to the Seller's settlement account or in cash.
7.2. The prices for the Goods indicated on the Website may be changed by the Seller unilaterally, of which the Buyer who has placed but not paid for the Order is immediately informed. The price of the goods does not include the price for delivery, assembly and installation of the goods at the Buyer. Additional services - delivery and assembly of goods, are calculated and paid separately.
7.3. Payment by the Buyer of an independently placed Order on the Internet site or at the Seller's office means the Buyer's consent to the terms of this Agreement.
8. Return of Goods
A product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. This fact must be certified by the representative of the Seller. The received goods must correspond to the description on the site.
The difference in design or design elements from those stated in the description on the site is not a malfunction or non-functionality of the Goods.
The appearance and completeness of the Goods, as well as the completeness of the entire order, must be checked by the Recipient at the time of delivery of the Goods.
Upon delivery of the goods, the Buyer puts his signature on the delivery receipt, in the column: “The order was accepted, the completeness is complete, I have no complaints about the quantity and appearance of the goods .
After receiving the Order, claims for external defects in the product, its quantity, completeness and presentation are not accepted.
It is not possible to return furniture with traces of assembly. Except furniture assembled by the Seller's assemblers.
8.2. In case of detection of defects in the Goods, in respect of which the warranty or expiration dates are not established, the Buyer has the right to make claims regarding the defects of the Goods within a reasonable time, but within 1 year from the date of its transfer to the buyer, if longer periods are not established by laws.
8.3. If the Goods are transferred to the Buyer in violation of the terms of the Agreement regarding the quantity, assortment, quality, completeness, packaging of the Goods, the Buyer may notify the Seller of these violations no later than 5 days after receiving the Goods.
8.4. The Seller shall not be liable for product defects that have arisen during the Buyer's own activities: transportation, loading and unloading, assembly and improper operation (Appendix No. 1).
8.5. The non-compliance of the size of doorways and the area of the premises with the dimensions of the ordered products, as well as the presence of objects that prevent the transportation of products to the premises, does not serve as a basis for returning the products. Carrying out work to eliminate these shortcomings, including the removal / installation of doors, the increase in doorways, the removal of objects that prevent the entry, are carried out for a fee.
8.6. The Buyer is not entitled to refuse the paid Order (or part thereof) of proper quality, having individually defined properties or being a custom item.
8.7. All claims for the purchased Goods are accepted to the email address store@ashleyhomstore.uz and +99895 325 50 50.
9. Rights, duties and responsibilities
9.1. The Seller is obliged to deliver the Goods in accordance with the terms of the Order and guarantee the quality of the Goods to the quality requirements for similar Goods on the territory of the Republic of Uzbekistan. Ensure warranty obligations in accordance with the terms of this Agreement.
9.2. The Seller is not responsible for the improper use by the Buyer of the Goods purchased through the Internet site or at the Seller's office (Appendix No. 1).
9.3. The Seller has the right to transfer its rights and obligations for the execution of Orders to third parties.
9.4. If the Buyer disagrees with the terms of this Agreement in whole or in part, the Seller has the right to refuse the Buyer to place an order at its discretion.
9.5. Ownership of the Order, as well as the risk of its accidental loss or damage, passes to the Buyer after delivery, if the Seller assumed the responsibility for delivery.
If the Goods are delivered by a transport company, the ownership of the Goods, as well as the risk of its accidental loss or damage, passes to the Buyer after the Seller transfers the Goods to the transport company.< br>
9.6. In case of delay by the Buyer in paying the 2nd payment, the Buyer pays the Seller 0.1% of the amount of the 2nd payment for each day of delay, starting from the 1st day of delay, and the cost of storing the Goods in the Seller's warehouse in accordance with 5.4 of this Agreement.
9.7. The Buyer has the right to send all claims for improper execution of the order to the e-mail address store@ashleyhomstore.uz or inform the Seller by phone. All received information is processed as soon as possible.
9.8. The parties are responsible for the fulfillment of obligations under this Agreement in accordance with the legislation of the Republic of Uzbekistan.
10.1. The Seller is released from liability for partial or complete failure to fulfill obligations under this Agreement caused by force majeure circumstances that arose after its conclusion.
Such circumstances include, in particular: natural disasters; natural and industrial disasters; Act of terrorism; hostilities; civil unrest; adoption by public authorities or local governments of acts containing prohibitions or restrictions on the activities of the Seller under this Agreement; other circumstances that cannot be foreseen or prevented by the Seller and make it impossible to fulfill obligations under the Agreement.
10.2. In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the deadline for the Seller to fulfill obligations is postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, and is negotiated additionally.
11. Dispute Resolution
11.1. In case of questions and claims from the Buyer, he must contact the Seller by phone or by e-mail store@ashleyhomstore.uz
11.2 The Seller will take all measures to resolve disputes and disagreements that may arise in the performance of obligations under the Agreement or in connection with this, through negotiations.
11.3 If the Parties have not reached an agreement, all disputes are subject to consideration in accordance with the procedure provided for by the legislation of Uzbekistan.
12. Personal data
12.1. The Seller collects and processes the Buyer's personal data (namely: the Buyer's last name, first name, patronymic; delivery address; contact numbers) in order to fulfill the terms of this Agreement.
12.2. By placing an Order for the Goods through the Internet site, the Buyer agrees to the collection and processing of personal data about himself in order to deliver the ordered Goods and fulfill the terms of this Agreement.
12.3. Only persons directly related to the execution of the Order, namely the Seller and the transport company, have access to the Buyer's personal data.
12.4. The Seller undertakes: to maintain confidentiality with respect to the personal data of the Buyers and to prevent attempts of unauthorized use of the personal data of the Buyers by third parties.
13. Other terms
13.1. This agreement posted on the Seller's website is a public offer. The absence of a copy of the Agreement signed between the parties on paper, with the signatures of the parties, is not a reason to consider this Agreement not concluded. Making payment in accordance with the Order placed is considered the Buyer's acceptance.
13.2. Recognition by the court of the invalidity of any clause of this Agreement does not entail the invalidity of the remaining clauses.
Appendix #1
Furniture Rules
For the efficient and safe use of furniture, the following operating rules must be observed:
It is forbidden to jump, fall, stand on the product, sit on the armrests, engage in various physical exercises.
Operate the furniture indoors at temperatures from +10° to + 40°С and air humidity of 50-75%. A decrease in temperature reduces the elasticity of flooring and cover materials and can lead to their destruction, while an increase in temperature causes accelerated aging of upholstery materials and soft elements. Recommended air temperature during storage and/or operation + 10°С - +25°С.
Do not expose furniture to hot objects (irons, dishes with boiling water, etc.) or prolonged exposure to heat-causing radiation (light from powerful lamps, unshielded microwave emitters, etc.).
Moisture fluctuations have a negative effect on wooden furniture structures. Warping, shrinkage, change in geometric dimensions - this is an incomplete list of the consequences of non-compliance with the parameters of indoor air humidity.
The recommended relative humidity for the location of the furniture item is 60%-70%. It should not be maintained for a long time conditions of extreme humidity or dryness in the room, and even more so - their periodic change. Over time, such conditions can affect the integrity of furniture products or their elements. However, if such conditions are created, it is recommended to ventilate the premises frequently and, if possible, use dehumidifiers or humidifiers to normalize the humidity.
Always keep furniture surfaces completely dry. The surface of furniture parts should be protected from moisture in order to avoid swelling of frames and facades, peeling edges on the side surfaces; Water and liquids that dissolve paint films (alcohol, acetone, gasoline, etc.) must not get on the lacquer surfaces. The surfaces of furniture parts should be wiped with a dry soft cloth (flannel, cloth, plush, calico). Work surfaces should generally be cleaned with a soft, damp cloth, foam sponge or special brushes, possibly using appropriate detergents. It is recommended to clean any part of the furniture as soon as possible after it gets dirty. If you leave the dirt for a while, the risk of streaks, stains and damage to furniture products and their parts, as well as discoloration of the furniture in case of contact with colored liquids, increases markedly.
Avoid direct sunlight on the upholstery or decorative coating, as under the influence of sunlight the upholstery dye gradually fades, the decorative coating is destroyed, furniture ages.
It is not recommended to place carpets, rugs, hard fabric covers, etc. on furniture. Their hard wrong side can damage the front layer of leather, fabric, and wooden frame elements.
Periodically (once a year) all threaded connections must be tightened. During the operation of furniture, threaded connections weaken, and therefore, for the safe operation of furniture, it is necessary to periodically inspect them and tighten all threaded connections.
Wooden legs may vary slightly in color or texture.
Do not move furniture across the floor or lift it by the armrests. Furniture should be moved from place to place by lifting it from below, holding the base.
Fillers do not require special care, except for the usual measures applied during the operation of any furniture, in particular , if you buy it with fiber or down filler, then after transportation its surface will need to be slightly leveled to bring it to its original shape. When back cushions filled with holofiber require periodic whipping.
If you purchased new furniture with the same upholstery as furniture you already own , or with upholstery of the same color, it may turn out that they differ slightly in shades: this is due to the unique characteristics of each individual skin and the production of the fabric.
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