Effective Date: January 15, 2025
Last Updated: January 15, 2025
This User Agreement is concluded between the private entrepreneur “Gagik Baghdasaryan Grigor” (TIN - 28345959, address: Republic of Armenia, 0048, Yerevan city, Norashen Street, Building No. 11, Apartment No. 54) (hereinafter also referred to as “Overpack” or “Private Entrepreneur” or “Mobile Application”) and the user (hereinafter also referred to as the “User”) of the website www.overpack.am and/or the Overpack mobile application (in case of joint naming of the website and the mobile application also referred to as the “Online Store” or “Mobile Application”), owned by the Private Entrepreneur (hereinafter also referred to as the “Parties”) and determines the terms and procedure for the purchase of goods by the User through the mobile application (hereinafter also referred to as the “User Agreement”).
1. In this Agreement, the following terms have, among other things, the following meanings:
a) Online Store or Mobile Application – the Overpack mobile application, hosted in the App Store and/or Google Play, owned by the Private Entrepreneur and containing a range of products offered by the Private Entrepreneur for online ordering, as well as terms of delivery, payment, returns, and other conditions.
b) Website: The website “www.overpack.am,” located at https://www.overpack.am, owned by the Private Entrepreneur and providing information about the Private Entrepreneur, the services it provides, and the Overpack mobile app available on the App Store and/or Google Play.
c) Product: Any product available for order by the User in the Online Store, presented in the Online Store.
d) User: An adult individual and/or legal entity who has access to the Online Store via the internet and uses the Online Store.
e) Order: A User's request to purchase a Product listed in the Online Store and/or Mobile App, which complies with the Mobile App's usage requirements.
f) Sender: An individual and/or sole proprietor and/or their employee, acting on behalf of a legal entity, delivering the Product specified in the User's Order to the User or a person specified by them.
2.1. This Agreement is deemed entered into by the User upon registration with the Online Store. By ordering a Product or Products through the Online Store, the User agrees to the terms of sale for such Product or Products set forth in this Agreement.
2.2. The User is obligated to familiarize themselves with the terms of this Agreement prior to registering with the Online Store. If the User disagrees with the terms of this Agreement, they must refrain from using the Online Store.
2.3. The terms of sale of the Product stipulated by this Agreement, as well as the information about the Product provided in the Online Store, constitute a public offer.
2.4. By registering in the Online Store and/or Mobile App and agreeing to the terms of this Agreement, the User confirms that they are purchasing the Product solely for personal, family, household, or other needs not related to business activities, unless the User is a legal entity.
2.5. If the User is a legal entity, the requirement set forth in paragraph 2.4 of this Agreement does not apply.
2.6. The Product presented in the App, which is considered a tobacco product within the meaning of the RA Law “On Restrictions on the Use, Sale, and Consumption of Tobacco Products,” is sold by the Private Entrepreneur exclusively to Users who are individuals over 18 years of age.
2.7. If the User is an individual under 18 years of age, they are not eligible to purchase the Product presented in the App, which is considered a tobacco product within the meaning of the RA Law “On Restrictions on the Use, Sale, and Consumption of Tobacco Products.” The User, who is an individual, confirms that they are at least 18 years of age at the time of placing the Order.
3.1. To place an Order through the Online Store, the User must first register with the Online Store.
3.2. When registering with the Online Store, in addition to other information required by the Individual, the User must provide the following information, specifically:
3.2.1. For the User who is an individual:
- Phone number
- Code sent by a private Entrepreneur via SMS
- First name, last name
- Date of birth
- Email address
- Gender
- Address
3.2.2. For a legal entity User:
- VAT number,
- telephone number,
- code sent by an individual in a short message (SMS),
- first and last name of the authorized person,
- identity document details,
- email address,
- address.
3.3. After registering, the User selects a Product in the Online Store and adds it to the cart specified in the Mobile App for placing the Order. The User can independently remove and add Products from the cart until the Order is confirmed.
3.4. Photos posted in the Online Store may differ slightly from the actual Product. Descriptions or specifications included with the Product are not exhaustive and may contain inaccuracies.
3.5. When selecting the desired Product and adding it to the cart, the User is required to provide a delivery address.
3.6. When placing an Order, the User is obligated to provide accurate and up-to-date information necessary for the Order's fulfillment. The private Entrepreneur is not responsible for the accuracy and currency of the information provided by the User, nor for any consequences arising therefrom.
3.7. After confirming the Order, the User may not change the Products specified in the Order.
3.8. When placing an order, in addition to any other information required by the Private Entrepreneur, the User must provide the following information:
- delivery time,
- full name of the order recipient, if the recipient is not the User,
- additional phone number (if necessary),
- payment method,
- if paying by bonus card, the amount to be debited from the bonus card,
- comments (if necessary).
3.9. The User is informed of the order confirmation stages, as well as the stages of pickup, delivery, on-site order processing, and order completion via push notifications sent by the Private Entrepreneur.
3.10. If the Product added to the cart is unavailable at the Private Entrepreneur's warehouse, the Private Entrepreneur will notify the User via the online store or by other means.
4.1. The price of the Product in the online store is indicated in Armenian drams. For the User, the price of the Product indicated in the online store includes all taxes stipulated by the legislation of the Republic of Armenia.
4.2. The total cost of the Order is determined by the sum of the cost of all Products added to the Cart by the User, as well as the cost of the packaging used for their delivery and final packaging. The cost of packaging used for delivery and packaging of the ordered Products may also be specified in the Online Store.
4.3. The User can choose a delivery time, which may not exceed 1 day from the date of Order confirmation.
4.4. The sole proprietor reserves the right to unilaterally change the price of the Product until the User confirms the Order.
4.5. The User may pay for the Order by bank transfer through the payment system available in the Online Store.
4.6. The User has the right to link a bank card(s) to their personal page in the Online Store.
4.7. Payment terms are controlled by third-party banks and payment and settlement organizations with which the Private Entrepreneur cooperates.
4.8. By choosing a cashless payment method, the User confirms that they have read and agree to the terms and conditions of the third-party banks or payment and settlement organizations and has no objections or claims against the Private Entrepreneur regarding their terms and conditions.
4.9. When choosing a cashless payment method through a payment system available in the online store, the User is obligated to pay the full amount specified in the order. In the event of incomplete payment (insufficient amount or lack of funds), the order is not confirmed and will not be processed in the system. In this case, the User will not be charged.
5.1. The Product will be delivered by courier service within the Republic of Armenia.
5.2. Delivery times depend on distance and traffic conditions.
5.3. The delivery cost is included in the total order price.
5.4. Upon receipt of the Product, the User is obligated to check the conformity of the delivered Product (quantity, quality, etc.) with the Order only in the presence of the courier.
6.1. The User has the right to refuse the ordered Product before receiving a push notification regarding delivery progress.
6.2. If the User refuses the delivered Goods, the Private Entrepreneur has the right to deduct the cost of delivery services from the funds transferred by the User. The amount paid by the User for the undelivered Goods will be refunded to the User within the timeframes specified in this Agreement.
6.3. If, upon receiving an Order, the User discovers a Product of inadequate quality or the received Product does not match the Order, the User has the right to request a replacement Product for one of proper quality or to refuse its acceptance and request a refund of the amount paid for the defective Product. The Sole Proprietor is obligated to replace the Product within one day of receiving the User's request. If, at the time of the request, the Sole Proprietor is unavailable for the replacement Product, the Sole Proprietor is obligated to notify the User within one day of the unavailability of the Product and refund the User the amount paid for the undelivered Product within the timeframes specified in this Agreement.
6.4. If a Product is covered by a warranty period, the User has the right to file claims related to defects in the Product if they are discovered during the warranty period.
6.5. Minor differences in the description, design, and/or appearance of the delivered Product from that presented in the online store do not indicate poor quality.
6.6. The User has no right to return purchased Products of proper quality, or Products that are not subject to return and/or replacement in accordance with the procedure established by the Government of the Republic of Armenia.
6.7. The User has the right to return to the Private Entrepreneur non-food Goods of proper quality within the timeframes established by law, or to replace them with Goods of a different size, shape, color, or similar completeness, making the necessary recalculation with the Private Entrepreneur in the event of a price difference.
6.8. Goods of proper quality are not subject to return:
- if the Goods were manufactured and delivered in accordance with the User's specific requirements, or if the Goods are personalized,
- if the Goods delivered are subject to rapid deterioration, degradation, or change in quality,
- In the case of the sale of sealed Goods that are not subject to return for reasons of hygiene or sanitation, and which were unsealed by the buyer after delivery,
- In the case of the sale of Goods that, by their nature, remain inseparably connected after delivery.
6.9. The User's request for the return or replacement of the Product is satisfied if the Product has not been used, its consumer properties are preserved, and there is evidence of the purchase of the Product from a Private Entrepreneur.
6.10. The User is responsible for the costs associated with the return or replacement of non-food Products of proper quality.
6.11. In cases provided for in this Agreement, requests for a refund of the amount paid for the Product must be satisfied within 15 days from the date of the request.
6.12. A sole proprietor reserves the right to refuse an Order through the Online Store if the User's previously placed Orders were not received due to their fault (for example, failure to answer the door, failure to answer the courier's calls upon delivery, providing a non-existent delivery address, etc.).
7.1. The private Entrepreneur has the right, in particular:
- in the event of a User's violation of the terms of this Agreement, to restrict or prohibit their access to the Online Store,
- to demand that the User pay the established amount for the delivered and accepted goods,
- Suspend and/or terminate and/or delete User accounts for violation of this Agreement and/or the requirements of the Privacy Policy and/or other mandatory requirements stipulated by law,
- exercise other rights arising from the legislation of the Republic of Armenia and the User Agreement,
7.2. The private Entrepreneur is obligated, in particular:
- to ensure the confidentiality of the User's personal data in accordance with the terms of the “Privacy Policy” posted on the Online Store,
- to fulfill other obligations arising from the legislation of the Republic of Armenia and the User Agreement.
7.3. The user has the right, in particular:
- After registering with the Online Store, you will be granted access to its use,
- use all services available in the Online Store, as well as purchase or decline to purchase any product offered in the Online Store,
- ask any questions regarding the services provided by the Private Entrepreneur through the Online Store, using any means of communication available in the Online Store,
- use the Online Store solely for the purposes and in the manner stipulated by the User Agreement and not prohibited by the legislation of the Republic of Armenia,
- delete accounts at any time without causing damage to the Private Entrepreneur,
- exercise other rights arising from the legislation of the Republic of Armenia and this agreement.
7.4. The User undertakes, in particular:
- to pay for the delivered goods in the manner prescribed by this Agreement,
- to provide additional information directly related to the services provided by the Online Store,
- to respect the property and non-property rights of authors and other copyright holders when using the Online Store,
- to refrain from actions that may affect the normal operation of the Online Store,
- to refrain from disseminating confidential information related to individuals and/or legal entities and protected by the legislation of the Republic of Armenia through the Online Store,
- Avoid actions that violate the confidentiality of information protected by the legislation of the Republic of Armenia,
- fulfill other obligations arising from the legislation of the Republic of Armenia and this Agreement.
7.5. The User has no right, in particular:
- Place an Order on behalf of minors,
- Illegally purchase Products if the User is an individual,
- Use the Mobile App in any illegal or malicious manner, or disrupt the operation of the App,
- Provide misleading information to an individual or in the Mobile App.
8.1. The content, design, text and graphic components, interfaces of the Online Store, and their design are the property of the Private Entrepreneur.
8.2. User registration in the Online Store does not transfer exclusive rights to the intellectual property and means of individualization owned by the Private Entrepreneur.
8.3. Use of intellectual property and means of individualization owned by the Private Entrepreneur without the consent of the Private Entrepreneur is prohibited.
8.4. If a violation of Section 8.3 of this Agreement is detected, the Private Entrepreneur has the right to restrict the User's access to the Online Store.
9.1. The private Entrepreneur shall not be liable for damage caused to the User as a result of improper use of goods ordered through the online store, including as a result of violation of storage conditions and/or incorrect order placement, as well as incorrectly entered data.
9.2. The product may contain ingredients that can cause allergic reactions. By ordering a product from the online store, the User confirms that they have read the ingredients of the selected product and have no claims against the Company in this regard.
9.3. The Company is not liable for any damages incurred by the User as a result of incorrectly placing an order or providing incorrect information.
9.4. The liability of the Sole Proprietor is limited to the value of the User's last Order.
9.5. The Sole Proprietor is not liable for any indirect damages incurred by the User.
10.1. The Parties shall be released from liability for failure to perform or improper performance of their obligations under this Agreement, in whole or in part, if such failure resulted from force majeure circumstances arising after the entry into force of this Agreement and which the Parties could not have foreseen or prevented. Such circumstances include: earthquakes, floods, fires, war, martial law and states of emergency, political instability, strikes, communications outages, actions of government agencies, power supply fluctuations, adverse weather conditions, technical system failures, congestion, and other circumstances that make it impossible or significantly impede the Parties' fulfillment of their obligations under this Agreement.
10.2. In the event of force majeure, the deadlines for fulfilling the Parties' obligations shall be extended in proportion to the duration of such circumstances and their consequences.
10.3. A Party for whom fulfillment of an obligation has become impossible or significantly hindered as a result of force majeure is obligated to immediately notify the other Party thereof.
11.1. Any disputes arising under this Agreement shall be resolved through negotiation.
11.2. The parties shall mutually agree to establish a pre-trial dispute resolution procedure for disputes arising under the User Agreement.
11.3. The party alleging a violation is obligated to submit a written pre-trial claim to the party allegedly committing the violation. If no response is received within 15 calendar days from the date of receipt of the pre-trial claim, or if the claim is rejected, the dispute may be referred to a competent court of the Republic of Armenia.
11.4. The applicable law to the User Agreement is the legislation of the Republic of Armenia.
12.1. The User Agreement comes into effect upon the User's registration in the Online Store. By registering in the Online Store, the User confirms that they have fully read and understand the terms of the Online Store User Agreement, the Private Entrepreneur Privacy Policy, and the Online Store System Operating Procedures, and have no objections thereto.
12.2. The Sole Proprietor has the right to unilaterally amend the User Agreement at any time. The new version of the Agreement shall take effect upon its posting by the Sole Proprietor in the Online Store. By placing each order through the Online Store, the User confirms that they have read and agree to the version of the User Agreement available in the Online Store.
12.3. Termination, cancellation, or invalidity of any part of the Agreement shall not entail the termination, cancellation, or invalidity of the remaining parts.
12.4. The provisions of the Civil Code of the Republic of Armenia on retail trade and the Law of the Republic of Armenia “On the Protection of Consumer Rights” shall apply, in particular, to the relationship between the User and the Private Entrepreneur.
12.5. This Agreement has been drawn up in Armenian, Russian, and English and is binding on the Parties. In the event of any discrepancies between the texts in the Armenian, Russian, and English languages, the Armenian version of the User Agreement shall prevail.
13.1. Services are provided “as is.”
13.2. Overpack is not responsible for any disruptions to third-party services (such as banks or courier services).
13.3. Uninterrupted access is not guaranteed.
14.1. Overpack complies with Google Play policies (including data security and tobacco restrictions).
14.2. The Overpack app complies with Apple's App Store policies (including review policies, privacy guidelines, and nutrition information).
14.3. All descriptions, screenshots, and advertisements accurately reflect the app's functionality.
Legal Information Regarding Tobacco
15.1. The app does not advertise or encourage hookah use.
15.2. No claims are made that could indicate social, psychological, or medical benefits.
15.3. In accordance with the legislation of the Republic of Armenia:
“Smoking is harmful to health. This product is intended for adults (18+) only.”