1. Scope of application
1.1. This Online Shop Usage Agreement governs the contract between you, the user, and Digenat Market LLC, a company based in Georgia with its registered office at Rustaveli Street 162-a, 6200 Kobuleti, Georgia. Throughout the website, the terms “we”, “us” and “our” refer to Digenat Market LLC, and the terms “you”, “your” and/or “user” refer to the person using the website www.digenat-market.com and/or any person acting on your behalf.
1.2. Digenat Market LLC reserves the right to amend or supplement the Online Shop Usage Agreement for justified reasons, such as changes in legislation or jurisprudence. The respective changes take effect upon publication on the homepage www.digenat-market.com. You can view the latest version of the terms and conditions on this page at any time. It is your responsibility to regularly check this page for changes. Your continued use of or access to the website following the posting of changes signifies acceptance of those changes.
1.3. If you do not agree to all the terms of this agreement, you must not access the website or use any services. Consumers, partners, users, or mentors agree to transfer these terms and conditions to their legal successors. Terms or general conditions of consumers, partners, users, or mentors are not valid unless otherwise agreed in writing.
2. Partners/Consumers/Returns
2.1. For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A partner, in the context of these terms and conditions, is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when entering into a legal transaction.
2.2. The law prohibits the sale of certain specific goods to minors under the age of 18. By placing your order, you confirm that you or the recipient are at least 18 years old or have reached another legally required minimum age that allows you to enter into legally binding agreements regarding these goods at the time of the order. We reserve the right to cancel the order if proof of age cannot be provided upon request.
2.3. We offer a 30-day return policy. This means you have 30 days from the receipt of your item to request a return. Please see our cancellation policy and return conditions. These conditions are neither intended to transfer rights to third parties nor to establish such rights.
3. Products/Services
3.1. All product descriptions or prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
3.2. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We strive to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment to use the website. Except in cases of our negligence, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
4. Conclusion of Contract
4.1. Written offers or representations of products/services in the online shop do not constitute legally binding offers to conclude a contract but serve as the submission of a binding offer by the consumer or partner. By clicking the 'order with obligation to pay' button, the consumer/partner submits a binding order for the goods contained in the shopping cart.
4.2. The seller retains ownership of the delivered goods until all claims arising from the business relationship with the buyer have been fully paid. This also applies to all future deliveries, even if the seller does not always explicitly refer to this. A confirmation of receipt of the order is sent immediately after the order is submitted. The contract is only concluded with an order confirmation or the delivery of the goods by us.
4.3. If an order confirmation or the delivery of the goods does not occur within 14 business days, the customer/consumer or partner is no longer bound by their order unless otherwise agreed in writing. All orders are subject to our acceptance and availability. If the goods you have paid for are not in stock, we will contact you by email or phone, provided you have given us your contact details. You will then have the option to either wait until the item is available again or cancel your order.
5. Product Usage
5.1. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). A violation of any of the terms will result in the immediate termination of your services.
5.2. The applicable law is subject to the internal jurisdiction of the Digenat-Union Economic-Community. We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission from us.
5.3. If you have any questions or complaints about the goods, please contact us via email at support@digenat-market.com. If you wish to exercise your legal rights to reject goods that do not comply with the requirements of applicable law, you must either return them to us (or ensure that the recipient returns them to us), or (if they are not suitable for postage) allow us to collect them from you or the recipient.
6. Privacy/System Usage
6.1. It is your responsibility to protect the security of your login credentials. Please note that email communication is generally not encrypted and should not be considered secure. You understand that your content (except for credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
6.2. We are committed to making the data you disclose as secure as possible. Our goal is to minimize the processing of personal data. To this end, we are constantly striving to improve and introduce new technical and organizational measures that protect your personal data from unauthorized or unlawful processing as well as from accidental loss, destruction, or damage.
6.3. Your data will be used exclusively for processing your order and will be treated confidentially. For more information, please refer to our privacy policy. You acknowledge and agree to the terms of our privacy policy published on the website.
7. Restrictions/Account Information
7.1. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event of changes to or cancellation of an order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
7.2. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our return policy.
8. Order/Delivery Processes
8.1. Please note the following conditions that apply to every order: Your order is subject to individual acceptance in the destination country, based on the respective opening hours and holidays applicable in each country. Delivery of the goods to the recipient is made free of charge to the house, provided the shipping fees have already been paid. Additional deliveries and storage of the goods for an extended period are solely your responsibility and any additional fees and costs will be borne by you. We deliver the goods to the address you provided.
8.2. It is essential that this address and the recipient's phone number are correct. We are not liable for the loss or damage of goods once they have been delivered according to your delivery instructions. If you choose to use your own courier, the risk transfers to you once the goods are handed over to your courier. After the handover, we are not liable for their loss or destruction. Digenat Market LLC sends an automatic shipping confirmation via email. We accept no liability if the customer/partner provides an incorrect email address.
9. Correcting Orders
9.1. You can correct errors in your order up until the point you click 'Pay' during the payment process or when confirming the details by clicking 'I confirm that the above information is correct.' After selecting the country and city for the delivery of the goods, these details can no longer be changed. If the information you provided changes, you are obligated to inform Digenat Market LLC as soon as possible.
9.2. However, this correspondence does not constitute a contract between us. Your order is only accepted once we have received payment of the full price for the ordered goods. Your payment of the price for the goods constitutes an offer to purchase the goods, which we only accept by dispatching the goods. Only at this point does a legally binding contract between us come into existence.
10. Content/Prices
10.1. We have created the content of the website with care, particularly to ensure that the prices quoted are correct at the time of publication and that all goods have been accurately described. However, orders will only be processed if there are no significant errors in the description of the goods or their prices as advertised on the website.
10.2. All information regarding weight, dimensions, capacity, color, and other specifications of the goods are approximate only. We strive to ensure that the information available on the website is correct at all times. However, Digenat Market LLC has no obligation to update this information and cannot guarantee that it is error-free.
10.3. The prices payable for the ordered goods are stated on our website. All prices are exclusive of the statutory VAT applicable in the respective countries and are correct at the time of entering the information. The amount will be indicated on the order.
10.4. If it is not possible to accept your order for goods with the specified specification and description at the stated price, we will inform you by email and offer you the option to purchase the goods with the specified specification and description at the price stated in the email. The email will also specify the period for which the offer or price is valid.
11. Payment Terms/Payment Methods
11.1. We use an external payment service provider to enable you to pay for goods ordered through the website. The processing of payments is subject to both the terms and privacy policies of the payment service provider and these online shop terms of use. We are not responsible for errors made by the payment service provider. By ordering goods through the website, you agree to pay all fees at the prices in effect at the time of purchase according to the applicable payment terms through the payment service provider and authorize us to charge your chosen payment provider.
11.2. These fees for your purchase may include state and local sales taxes, the amount of which depends, among other things, on the type of item purchased. You agree to make the payment using the selected payment method. We reserve the right to correct any errors or mistakes, even if the payment has already been requested or received. The terms for your payment depend on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen payment method.
11.3. If we do not receive payment from you through the payment service provider, you agree to pay all amounts due for your respective purchase upon request. We accept no liability if a delivery is delayed because you did not provide us with the correct payment information. If it is not possible to receive full payment for the goods from you, we may refuse to process your order and/or suspend further deliveries to you or your recipients. Any other rights to which we may be entitled remain unaffected. We accept payments exclusively in Digenat GoldMark, abbreviated as DGM (55 DGM = 1g of gold). Our partners predominantly accept the usual currencies in the respective countries.
12. Cancellation/Right of Withdrawal
12.1. Please note that cancellation of your contract is not possible if the ordered goods are custom-made (i.e., made to order or personalized), including perishable goods (e.g., flowers, candies, etc.). In this case, we do not guarantee a refund of the order value. Cancellation of an order must be communicated to us by email to our customer service during the normal business hours of our offices: Opening hours (CET) - Monday to Thursday: 9:00 AM - 12:00 PM / 2:00 PM - 6:00 PM, Friday: 9:00 AM - 12:00 PM / 2:00 PM - 5:00 PM. Our customer service is always available for order inquiries via email at support@digenat-market.com. If the delivered goods are defective or do not correspond to the agreed order, the user who paid for the purchase can demand that we take all appropriate measures to return the defective or non-compliant goods.
12.2. We accept no responsibility if a user (either the recipient or the giver) refuses to return the goods. Once you have informed us that you are withdrawing from your contract, and we have either received the goods back or, if earlier, received evidence that the goods have been returned, we will refund you the amount debited from your credit or debit card within 30 calendar days. We may deduct from your refund an amount reflecting the depreciation in the value of the goods supplied by you, particularly if this depreciation is due to handling that was not necessary to ascertain the nature of the goods (e.g., if you have used or worn the goods before withdrawal).
13. Cancellation by Us
We reserve the right not to process your order if: a) We do not have sufficient stock to deliver the goods you have ordered; b) We do not deliver to your area; or c) One or more of the goods you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information we received from our suppliers. If we are unable to process your order for the reasons stated above, we will notify you by email and credit your account with the amount debited from your credit/debit card as soon as possible, but in any event within 30 days.
14. Warranty/Disclaimers
14.1. The statutory warranty rights apply. Our liability for damages caused by simple negligence is excluded, as long as these do not relate to essential contractual obligations, damages arising from injury to life, body, or health, or claims under the Product Liability Act. Under no circumstances shall Digenat Market LLC, our directors, officers, employees, partners, subsidiaries, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise.
14.2. This limitation of liability applies to damages arising from your use of any service or any product procured using the service, or for any other claim related in any way to your use of the service or any product. This includes, but is not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. Dispute Resolution
15.1. In the event of any disputes, conflicts, claims, or disagreements arising out of or in connection with these online shop terms of use, including but not limited to the validity, interpretation, performance, or termination of our services, the parties shall attempt to resolve such dispute through negotiation. To settle the dispute through negotiation, you must submit a written request to us (a written proposal for the voluntary settlement of the dispute along with supporting documents/evidence).
15.2. If you and we are unable to resolve the dispute within 30 calendar days after the commencement of negotiations, the dispute will be referred to the management of Digenat Market LLC and must be resolved within the next 30 calendar days. If the dispute cannot be resolved with the management of Digenat Market LLC, the matter will be referred to the internal code of ethics of the Digenat-Union Economic Community in accordance with these online shop usage agreements. Unless otherwise provided by applicable law, a claim by the contracting party or parties involved cannot be combined with other claims and is subject to individual review.
16. Jurisdiction
This website, the regulations contained therein, and any contract concluded through the use of this website are subject to the law of the Digenat-Union Economic-Community and its internal code of ethics. All users and contracting parties agree to submit to the exclusive jurisdiction of the Digenat-Union Economic-Community and its internal code of ethics in resolving disputes. If you have any questions about our system or the internal code of ethics, please feel free to contact us.
17. Contact Information
Inquiries, comments, complaints, and claims can be submitted to Digenat Market LLC, a company based in Georgia with its registered office at Rustaveli Street 162-a, 6200 Kobuleti, Georgia. Please also send a copy to our email address: support@digenat-market.com.