user agreement
This User Agreement (hereinafter referred to as the "Agreement") is an agreement between you (hereinafter referred to as the "User") and the Seller (as defined below) and determines the order of use by the User a website located on the Internet at the following address: www.iqdiamonds.ru (hereinafter — «Site»), other Internet resources IQDIAMONDS, mobile application IQDIAMONDS (hereinafter, abbreviated — «Application» or «MP») for iOS and Android operating systems, as well as other relations of these persons related to such use.
1. GENERAL PROVISIONS
1.1. Terms and definitions:
- Seller — a legal entity that is an authorized representative of the IQ DIAMONDS brand (IP BAZHUTIN P.Yu., OGRN 317784700325333, TIN 780157244608, address: 117246 Moscow, Nauchny proezd, 19, of. 502, business center "9 Acres", phone: +7 926 595 92 01 , email address: info@iqdiamonds.ru ), which sells Goods to consumers in accordance with the Terms of Sale set out below.
- A visitor is an individual who has switched to the Site or installed and launched an Application that views publicly available materials, uses available services and other content posted on the Site or in the Application, without the purpose of joining in the relationship with the Seller, with the exception of receiving the services of viewing the Site and/or the Application and its content.
- Administration (Site/Applications) — authorized persons who manage the Site/The application is in the interests of the Seller, including its representatives.
- The User is a fully capable individual who has joined this Agreement, who has passed the registration procedure on the Website or in the Application, acting in his/her own interest or acting on behalf of and in in the interests of the person represented by them, who performs purposeful actions regarding access to the Site or Application, their services and other Content. By default, the User is an individual who has reached the age of majority, that is, eighteen years of age. Otherwise, the User guarantees that he has received the consent of his legal representatives (parents, adoptive parents, trustee) or has been declared fully capable and at any time, at the written request of the Administration, will provide supporting documents.
- The buyer is a user of a Website or Application who has placed an order (application) through functional technical means (services, tools) The Website or Application of the Service, the IQDIAMONDS Online Store, in relation to the Services (options) offered by the Service, on reservation and ensuring delivery (availability) Goods for the possibility of their subsequent purchase in accordance with the Terms of Sale and the selected Services (options) Service.
- Product(s) — jewelry, jewelry haberdashery and costume jewelry, watches, including precious, and also other products of the IQDIAMONDS brand, information about which is presented on the Website or in the Application with the purpose of the subsequent sale, available for ordering.
- Terms of sale the procedure and conditions for the conclusion, execution and termination by the User and the Seller, and equally by the latters partners, of contracts for the sale of Goods presented on the Website or in the Application, and also other relations of the specified parties on the occasion and in connection with the conclusion of such contracts (including the provision of additional services).
- Services (Site/ Application)functional services and tools, as well as their combinations provided by the software of the Site or Application and available to Users and/or Visitors. The Administration has the right to independently and without notifying Users and/or Visitors to change the Services of the Site or Application and their functional features.
- Content — the results of intellectual activity that make up the content of the Site or Application (texts, photos, videos, etc.).
- Account — User account on the Website or in the Application, which allows the latter to be identified to a sufficient extent for the fulfillment of obligations, created as a result of registration or placing an Order with filling out a Buyers questionnaire, through which the User uses the Services of the Site or Application in a personalized way.
- Agreement— this agreement with all additions and changes, defining the procedure for the provision of services, as well as mutual rights, obligations and the order of relations between the Administration and the User or Visitor.
- Website — a set of information, web forms, software and hardware, and intellectual property objects (including a computer program, database, graphical interface design, content, etc.), access to which is provided with various user devices connected to the Internet via special web browsing software (browser) at the following addresses: www.iqdiamonds.ru , including domains of the following levels and other domains of the Seller.
- The IQDIAMONDS mobile application, which is a software for iOS and Android operating systems, developed on behalf of the Seller and owned by him, designed to work on smartphones, tablets and other mobile devices (devices), which are means of communication in accordance with the Federal Law of 07.07.2003. No.126-FZ "On Communication", with the purpose of providing Users with access to the application interface, presented in the form of a set of information, software and hardware, machine code and layout, various intellectual property objects (including computer programs, databases, graphical interface design, content, etc.).
These terms and definitions may be supplemented or modified by appendices and other documents that are an integral part of this Agreement. The terms, concepts and definitions contained in the current legislation are applied by default, unless otherwise provided by the Agreement.
1.2. General provisions
The use of the materials and Services of the Website and/or the Application is regulated by the norms of the current legislation of the Russian Federation.
This Agreement is a public offer. By accessing the materials of the Website or Application, the User and/or Visitor is considered to have joined this Agreement. The Agreement enters into force from the moment of acceptance by the Visitor and/or the User, and is valid until the moment of withdrawal of such acceptance.
In addition to this Agreement, the relations between the User, the Visitor and the Administration include all special documents regulating the provision of individual services and Services of the Site or Application and posted in the public domain on the relevant pages (sections) of the Site or Application.
By accepting the terms of this Agreement, the User confirms his consent to the processing of his personal data specified further in this Agreement, posted by the User voluntarily on the Website or in the Application, by filling out special web forms or otherwise provided for in this Agreement, inincluding automated and non-automated processing in accordance with the Law of the Russian Federation of July 27, 2006, No. 152-FZ "On Personal data".. The processing of the Users personal data is carried out in order to provide the User with existing and new services and Services of the Website or Application, including for the purpose of receiving personalized, targeted newsletters and notifications of informational and advertising nature, andalso for other purposes specified in Section 1.8. of this Agreement.
Consent to the processing of personal data is valid from the moment of submission for the period necessary to achieve the purposes of personal data processing or indefinitely and can be revoked in a simple written form in accordance with the requirements of the legislation of the Russian Federation in; in accordance with the procedure provided for in paragraph 1.8. of the Agreement.
The Administration reserves the right to make changes to this Agreement. The new version of the Agreement enters into force upon the expiration of 10 (Ten) calendar days from the date of publication on the corresponding page of the Website on the Internet (at:https://www.iqdiamonds.ru/customer-service /) or in the corresponding section of the Application.
By starting to use any Service of the Site or Application, their separate Services, resources and functions, or by going through the registration procedure, the User is considered to have accepted the terms of the Agreement in full, without any reservations and exceptions, and undertakes to comply with themor stop using the Site and/or the Application. In the event that the Administration has made any changes to the Agreement in the manner provided for in paragraph 1.5. Agreements with which the User does not agree, he is obliged to stop using the Site and/or the Application as a whole and their individual Services, resources or functions.
1.3. Obligations of the User
The user, the visitor undertakes not to take actions that directly or indirectly violate the current Russian legislation or the norms of international law, including in the field of intellectual property, copyright and/or related rights, or generally accepted norms of morality and morality, as well as any actions that lead or may lead to disruption of the normal operation of the Site and/or the Application, as well as their Services, resources or functions, or entail other adverse consequences for the Administration or third parties.
The information posted by the User and his actions on the Website and/or in the Application must also not be false, inaccurate or misleading; contribute to fraud, deception or abuse of trust and otherwise violate the current legislation of the Russian Federation. The Administration in any case is not responsible for such User actions.
The use of the materials of the Website and/or the Application without the consent of the copyright holders is not allowed. For the lawful use of the Site materials, it is necessary to conclude license agreements (obtaining licenses) from the copyright holders. When quoting the materials of the Site and/or the Application, Content, a link to the original source (Site, Application) is required.
The User is solely responsible for all actions with the use of his email address, login (username) and password. The username (email/phone number) and password chosen by the User are necessary and sufficient information for the User to access the Website and/or the Application, and to their materials andServices.
The User undertakes not to take actions directly or indirectly aimed at harming the Site, the Application, their materials and Services, and the Administration.
1.4. Rights of the user, visitor
The User, the visitor has the right to participate in contests and promotions held on the Website and/or in the Application. The terms and conditions of promotions and contests are set out in separate documents.
The User has the right to post non-infringing information on the Website and/or in the Application on pre- and post-moderation rights.
The User, the visitor has the right to contact the Administration in writing through the feedback form on the issues of the Site and/or the Application, and also to submit comments and/or suggestions to the Administration regarding the improvement of the Site and/or Applications.
1.5. Rights of the Site Administration
The Administration has the right to unilaterally amend the terms of this Agreement by publishing the amended text on the Website and/or in the Appendix. If the User or visitor does not agree with the changes made, he/she is obliged to stop using the Site and/or the Application, materials and Services of the Site and/or the Application.
The Administration has the right, at its discretion, to introduce, cancel or change the fee for the Services and Services provided by the Website and/or the Application.
The Administration has the right to organize various contests and promotions to stimulate Users.
The Administration has the right to send mailings to the User with information about the development of the Site and/or the Application, about new offers, advertising, as well as any other potentially useful information to the User. The Users consent to receive such information is to join this Agreement.
The Administration has the right to carry out preventive maintenance, with the temporary suspension of the Site both with notification and without prior notice to Users, and also to carry out similar actions in relation to the Application, including changing, update and moderate the Application, publish and publish other versions of it for iOS and Android systems on the relevant resources.
The Administration has the right to prohibit the use of certain usernames and/or withdraw them from the application. Words and names, the use of which is prohibited by the current legislation of the Russian Federation and international legal acts, including, but not limited to, profanity, names registered as trademarks, may be selected as a login. marks, trade names and commercial designations, if the User does not own the exclusive rights to them.
The Administration reserves the right to change (moderate) or delete any information published by the User (or any third party) at its discretion.
1.6. Registration on the website
If technically possible, in order to access all Services and improve the experience of using the Site and/or the Application, the Visitor/The User can register on the Website and/or in the Application in any of the following ways:
- By entering the name, email address, phone number and password with confirmation into the registration form on the Website or in the Application. One email address and phone number can be used as the login of one Account.
- By logging in via social networks with the subsequent entry of an email address and a phone number, if such data is not obtained through a social network.
- By filling out a Buyers Questionnaire when placing an Order in accordance with the Terms of Sale, containing fields for entering a name, phone number, email address, delivery address.
After registering on the Website or in the Application in one of the listed ways, the User receives an Account. Registration is considered completed after performing the actions provided for by the instructions of the Administration/ Seller, sent to the contact details of the Visitor/User specified (provided) during registration and sending the appropriate notification of the confirmation of the creation and activation of the Account.
Registration (on the Website or in the Application) is not mandatory for the use of the Website. Any of the above methods of registration entails the same consequences for the Administration/The Seller and the Visitor/User.
The registration of the Visitor/User confirms his/her consent to these Terms and Conditions, including consent to the processing of Personal Data. Registration is valid indefinitely, until the moment of withdrawal of consent to the processing of personal data or cancellation of registration by the Administration/The seller. The user guarantees the accuracy and topicality of the data provided by him/her during registration and/or ordering.
The Administration stores the Users email addresses and other personal data provided by the User himself, and uses them exclusively for the purposes of fulfilling its obligations and exercising its rights under the Agreement.
1.7. Intellectual property
All objects on the Website and in the Application, including design elements, text, graphics, illustrations, videos, other Content, computer programs, databases, graphical interface design (design), and other objects are objects exclusive rights.
No intellectual property objects posted on the Website or in the Application by the Administration may be used without the prior written permission of the Administration. Use means all User actions listed in Part 2 of Article 1270 of the Civil Code of the Russian Federation, regardless of whether the corresponding actions are performed for profit or without such purpose.
The User, the Visitor is granted a personal non-exclusive and non-transferable right to use the Site and/or the Application, provided that neither the User, the Visitor nor any other persons with the assistance of his/her side will copy or modify the software or intellectual property objects on the Website and/or in the Application; create programs derived from the software; penetrate into the software with the purpose of obtaining program codes; to sell, assign, lease, transfer to third parties in any other form of rights in relation to the software, or other objects listed in this section, provided to the User, the Visitor under the Agreement, and also modify the services, including with the purpose of obtaining unauthorized access to them.
1.8. Personal data, confidentiality and information protection
The personal data of the User (Visitor, Buyer) is processed in accordance with the Federal Law of 27.07.2006 N 152-FZ on personal data and local regulations adopted by the Seller/Administration, inincluding the Personal Data Processing Policy.
When registering on the Website and/or in the Application or in the process of their further use, the Visitor/The User authorizes the Seller/Administration to collect and process the following information: Surname, first name, patronymic, contact phone number, email address, date of birth, gender, delivery address, location information, postal address, information about interests, account data in social networks, information about the purchase history. The provision of other data is carried out in cases provided for by applicable law or specifically stipulated in this Agreement or other local regulations of the Seller/Administration.
Providing your personal data to the Administration/To the Seller by filling out special web forms, the User agrees to their processing by the Administration/The Seller, including in order to fulfill obligations to the User within the framework of this Agreement, which is a public offer, maintaining and updating the customer base, promoting goods and services by the Seller, conducting electronic and SMS surveys, monitoring the results of marketing promotions, advertising, stimulating and other promotional events, obtaining and researching statistical data on the level of demand, sales volumes, parameters of activity and audience engagement, the level of customer support, organization of delivery of goods to Customers, monitoring user satisfaction, as well as the quality of services provided by the Seller / Administration.
The processing of personal data means any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification) extraction, use, transfer (including transfer to any third parties, not excluding cross-border transfer, if the need for it arose in the course of fulfilling obligations and confidentiality agreements have been concluded with such persons with respect for the legitimate interests and rights of the owners of personal data), depersonalization, blocking, deletion, destruction of personal data.
User/The buyer authorizes, and the Administration/The Seller, in turn, has the right to send informational, including advertising messages, to the Users e-mail and mobile phone with his consent, expressed by performing actions that uniquely identify this subscriber and allow reliably establish his will to receive the message. The User has the right to refuse to receive advertising and other information by informing the Administration/The seller about his refusal by phone +7 926 595 92 01 , or by sending a corresponding application to the Sellers email address: info@iqdiamonds.ru . Service messages informing the User/The Buyers information about the order and the stages of its processing are sent automatically and cannot be rejected by the User/The buyer.
Withdrawal of consent to the processing of personal data is carried out by sending an application in writing, with full information about the applicant, the purpose for which the withdrawal of consent to the processing of personal data is carried out, and the reasons. Such a review may also be recognized as a withdrawal of acceptance of this Agreement (offer), corresponding to the obligation to stop any use of the Site.
Administration/The Seller has the right to collect technical and statistical data that do not contain confidential information, are not personal data and are transmitted automatically by the device with which the Website and/or Application are used, including technical characteristics devices and its software, cookies, and other similar non-personal information. Such technical data is collected in order to ensure the functioning, safety, improvement and development of the quality of services and;Services, and are not used to establish the identity of the Visitor/User or to process personal data about him.
The Seller has the right to record telephone conversations with the User. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to the information obtained during telephone conversations and/or transfer it to third parties not directly related to the execution of Orders, in accordance with clause;4 art. 16 Federal Law No.149-FZ of 27.07.2006. «About information, information technologies and about information protection».
The Seller/Administration is not responsible for the information provided and posted by the User on the Website and/or in the Application in a publicly accessible form.
1.9. Other conditions
ПThe Seller/Administration is not responsible for any damage caused to the Buyer as a result of the Latters improper use of the Site, Content posted on it, Services and/or Goods purchased from the Seller in connection with the use of this Site. The Seller is also not responsible for the content and functioning of external sites similar or identical to the Site, and also for any other actions (inaction) of third parties, except for the cases provided for in this Agreement, for example when such persons act on the basis and within the limits of contracts concluded with the Seller/Administration.
The Seller/Administration is not responsible for the fulfillment by other sellers (partners) of their obligations, including on the proper provision of consumer information about the Product, on the transfer of the Goods to the Buyer, on theits completeness and the quantity corresponding to the Order issued by the Buyer, other obligations to the Visitor/By the user/By a third-party buyer. The Buyer hereby agrees that any claims regarding the quality, quantity and completeness of the Goods, as well as the delivery time of the Goods, are subject to presentation to the actual seller who made the sale by receipt. At the same time, the Seller/Administration undertakes to assist Buyers in resolving their claims against Sellers by providing all available information regarding the working procedure, conditions of sale and return of Goods, the location of the relevant Sellers, as well as any other information essential for resolving such claims which is at the disposal of the Seller/Administration and is not confidential by virtue of law or contract.
All possible disputes arising out of or related to this Agreement are subject to resolution in accordance with the current legislation of the Russian Federation.
Nothing in the Agreement can be understood as the establishment between the User, the Visitor and the Administration of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not directly provided for by the Agreement.
Administration/The Seller has the right to assign and/or otherwise transfer its rights and obligations arising from its relationship with the User/By the Buyer, to third parties without any restrictions.
The recognition by the court of any provision of the Agreement as invalid or not enforceable does not entail the invalidity of other provisions of the Agreement.
Inaction on the part of the Administration in the event of a violation by any of the Users, Visitors of the provisions of the Agreement does not deprive the Administration of the right to take appropriate actions later in the protection of its interests and copyright protection in accordance with the with the legislation of the materials of the Website and (or) the Application.
The User, the Visitor confirms that he is familiar with all the clauses of this User Agreement and unconditionally accepts them in full, without any exceptions and restrictions.
2. TERMS OF SALE
The Terms and conditions set forth below (hereinafter referred to as the Terms) govern the use of the IQDIAMONDS Online Store resource (hereinafter referred to as the Service or Online Store in this section), for the purposes of subsequent conclusion, execution and&termination by the Buyer and the Seller of retail purchase and sale agreements on the territory of the Russian Federation of Goods similar to those presented on the Website and/or in the Application through the Service, and act in conjunction with the User Agreement, supplementing his. This Service and the information about the Goods posted in it are not a service for the sale of goods remotely and provide general information about the products of the IQDIAMONDS brand and the possible conditions for its purchase by the Visitor/By the user.
2.1. Additional terms and definitions
The Order, is an electronic document formed on the basis of the Users interaction with technical means and services of the Service or Application, which is an application for the provision of services for the reservation of Goods and the implementation of other actions that ensure the possibility of their subsequent purchase within the selected option —«Delivery » or «Pickup », determining the volume of the Sellers obligations to the Buyer;
The Buyers Questionnaire is a special form filled out by the Buyer when placing an Order or registering on the Website or in the Application, containing the Buyers personal data necessary for the Seller to fulfill its obligations, including those arising from these Terms and Conditions (offer) and subsequently concluded purchase and sale agreements;
Services provided by the Seller to the Buyer, including the organization of delivery, demonstration, fitting, and others, including in connection with the use of the Service, the purchase of Goods;
Delivery service — organization or sole proprietor, legally carrying out activities for organization and (or) transportation and delivery of goods and shipments, with which the Seller has concluded a contract in order to fulfill its obligations to Customers in connection with these Terms and Conditions.
2.2. General provisions
- 2.2.1. The Seller provides cataloged information about the Goods for informational purposes and informs about the possibility of their subsequent sale to the Buyer for personal, family, household and other needs not related to the implementation of entrepreneurial activities, through the Services provided by the Seller, available when using the Website and/or the Application, namely the IQDIAMONDS Online Store Service, the Services (options) of the Service —«Delivery » and «Pickup», on below the following Conditions.
- 2.2.2. In contrast to the information about the Product posted in the public domain on the Website and in the Appendix for informational purposes, these Terms are a public offer, which corresponds to art. 435, p. 2 art. 437 and art.494 of the Civil Code of the Russian Federation, unless otherwise provided by law. The acceptance of the offer, then there are these Terms, can be expressed in any form that allows you to uniquely identify the person from whom it originated and the acceptance itself as such, including; by performing conclusive actions.
- 2.2.3. User/The Buyer understands and acknowledges that consent to the processing of personal data in accordance with this Agreement, including, includes consent to the processing of data on the names of the purchased Goods/Services, their cost, and other statistical data on the Users purchasing activity/The Buyer and his/her other actions in relation to the Website, Application and/or Goods, if such information is not deconfidentialized and/or obtaining such consent is not required in accordance with the applicable legislation.
- 2.2.4. A retail sale agreement concluded in accordance with these Terms and Conditions is considered concluded from the moment the Seller issues the Buyer a cash and/or product receipt or other document confirming payment and transfer of the Goods. The ownership of the Goods passes to the Buyer from the moment of full payment.
- 2.2.5. If the User does not agree with these Terms and Conditions (Public Offer), the User undertakes to stop using the Service and leave it, while he/she has the right to continue using the Site and/or the Application as a Visitor, in;in the manner provided for by the User Agreement.
- 2.2.6. These Terms and Conditions in whole or in part may be changed by the Seller unconditionally unilaterally by publishing a new version of the Terms and Conditions on the relevant pages of the Website and (or) sections of the Appendix. Such changes to the Terms come into force after 10 (ten) calendar days from the date of their publication on the corresponding page of the Website on the Internet (at: www.iqdiamonds.ru/customer-service /) or in the appropriate section of the Application.
- 2.2.8. In addition to these Terms and Conditions, from the moment of the start of using the Website and/or the Application, and/or their acceptance, the relationship between the Buyer and the Seller is regulated by: the Civil Code of the Russian Federation; Federal Law No.41-FZ of 26.03.1998 On Precious Metals and Precious Stones, Federal Law No. 38-FZ of 13.03.2006 on Advertising, Resolution The Government of the Russian Federation dated 10.11.2011 No.924 On the Approval of the List of Technically Complex Goods, by the Decree of the Government of the Russian Federation dated 19.01.1998. No.55 «On approval of the Rules for the Sale of Certain Types of Goods, the list of durable Goods, which are not subject to the buyers requirement to grant him free of charge for the period of repair or replacement of a similar product, and a list of non-food products of proper quality that are not subject to return or exchange for a similar product of other sizes, shapes, dimensions, styles, colors or configuration, and other applicable regulatory legal acts, including those mentioned above.
2.3. Registration and confirmation of the Order
- 2.3.1. The Order is made by the Buyer independently on the Website or Application, subject to confirmation of acceptance of these Terms (acceptance of the public offer). The minimum amount of Goods sufficient to make an application for Services is 500 (Five hundred) rubles 00 kopecks, otherwise such an Order is erroneous for technical reasons, and the Seller/Administration has the right to cancel it.
- 2.3.2. Ordering means the definition of a set of Services provided in relation to the selected Goods(s) by means of tools (technical, software and hardware) of the Service in the form of virtual buttons located in, including on the page of the corresponding Product(s) fromcatalog, pop-ups, checkout pages with a Buyers Questionnaire.
- 2.3.3. Placing an Order is the transfer by the Buyer to the Seller of information about the desire to receive Services, including the reservation of selected Goods for the possibility of their subsequent purchase.
- 2.3.4. On the basis of a completed Order with a completed Buyers Questionnaire, an electronic document is formed, on the basis of which the Seller, after confirming the Order, reserves the Goods, organizes delivery and /or provides other additional services to the Buyer.
- 2.3.5. The order can be confirmed by the Buyer by providing payment details and forming an order for the transfer of funds for the subsequent payment upon receipt of the Goods automatically (confirmation of the execution of the order for the transfer of funds), filling out a special web form on the Website or in the Application, the code received by e-mail or SMS message specified in the Buyers Questionnaire. At the same time, all responsibility and risks in connection with the indication of incorrect information in the Buyers Questionnaire are borne by the Buyer.
- 2.3.6. Price, characteristics, availability, delivery time, location and reservation dates, as well as other information about the Product specified when placing an Order on the Website and/or in the Application is preliminary and carries exclusively informational in nature. The final price, delivery time and, optionally, other conditions are fixed in the Order confirmation sent by the Seller according to the details specified in the Buyers Questionnaire. In any case, information about the Product and other mandatory information in its final form is provided to the Buyer upon direct acquaintance with the Product.
- 2.3.7. In case of absence of the Product(s) selected in the Order, the Seller, before the moment of confirmation of the Order, has the right to unilaterally cancel such an Order in part or in full, subject to notification ofthis is done by the Buyer in any of the ways available to the Seller.
- 2.3.8. In case of cancellation in part or in full of an Order in respect of which the Buyer has made an advance payment (advance payment), payment of the Order in the canceled part is not carried out, the order on the transfer of funds is withdrawn or not executed in the cancelled part.
2.4. Payment and receipt of Goods
- 2.4.1. The Services provided by the Seller, according to these Terms, are provided free of charge
- 2.4.2. Payment for Goods from the confirmed Order is carried out by the Buyer in one of the following ways:
- at the place of sale at the time of sale of the Goods in cash or non-cash form, through a representative of the Seller or a Partner in the framework of the Service (option), "Pickup", which hereafter means the service for reserving the ordered goods in one of the retail outlets of the Goods, including those owned by Partners, a partner store in which the Goods are in stock;
- by transferring cash or by paying with a payment card to an Agent or other representative of the Seller (Delivery Service) through a payment terminal (KKT) acting on behalf of the Seller, as part of the provision of the Service (option) "Delivery", under which here and further it means the implementation of courier delivery to the Buyers address or another address chosen by the latter, at the location of the local warehouses of the Agent or Delivery Service;
- by forming an order for the transfer of funds when placing an Order on the Website or in the Application for the subsequent payment upon receipt of the Goods automatically (confirmation of the execution of the order for the transfer of funds);
- online payment by bank card when placing an Order on the Website or in the Application;
- in installments with online services from Tinkoff Bank and "Buy with Savings".
- 2.4.3. The amount of the Order payable by the Buyer includes all taxes and fees, is indicated in Russian rubles and is fixed in the documents for the Goods and the cash receipt.
- 2.4.4. If the Order amount exceeds 60,000 rubles, or an amount in a foreign currency equivalent to 60,000 rubles, as well as when using a personalized electronic means of payment to pay for an Order in excess of 400,000 rubles, or an amount in a foreign currency equivalent to 400,000 rubles, the Seller has the right to request additional information from the Buyer (including documents necessary and sufficient to identify a client — an individual, a clients representative, a beneficiary and a beneficial owner in accordance with Federal Law No. 115-FZ of 07.08.2001 "On countering the Legalization (laundering) of proceeds from Crime and the Financing of Terrorism") and suspend the execution of the Order until it is submitted.
- 2.4.5. Receipt of the ordered Goods by the Buyer is possible only with its full payment, including at the time of transfer of the Goods.
- 2.4.6. The ordered Goods can be received by the Buyer in one of the following ways:
- at the place of sale at the time of sale of the Goods in the framework of the Service (option) Pickup;
- at the location of the local warehouses of the Agent or Delivery Service ("Order pick-up points"/"PVZ"), carrying out activities for temporary storage of Goods, its delivery and acceptance of payment for the ordered Goods;
- through an Agent or a Delivery Service, within the framework of the Service (options) Delivery, — to the address specified by the Buyer.
- 2.4.7. Upon receipt of the ordered Goods, the Buyer is provided with complete consumer information about the Product in accordance with the legislation, a full familiarization (inspection) is performed, and other additional services are also provided, in addition to delivery, including on the fitting of the Goods, agreed with the Buyer.
- 2.4.8. After familiarization with the Goods and receiving full consumer information, the Buyer pays for the purchased Goods from the Order, or payment is made automatically by executing the order on the transfer of funds, after which he is provided with the purchased Goods and documents for it (a cash and/or commodity receipt, as well as a Universal Transfer Document (UPD), a bill of lading or other documents at the discretion of the Seller).
- 2.4.9. The Buyer may refuse to receive the Goods at any time prior to receiving the Goods, and the Order is considered canceled in full or in part. Such a refusal is recognized as a duly executed invoice (receipt) or other document of the Agent/Delivery service, indicating the refusal or inability to transfer the Goods due to the fault of the Buyer.
- 2.4.10. When transferring the Goods, the person performing the transfer of the Goods has the right to request an identity document of the Buyer or Recipient, and also indicate the type and number of the document provided by the Recipient in the accompanying documents for the Goods. The Seller guarantees the confidentiality and protection of the personal data of the Buyer and the Recipient in accordance with the Privacy Policy and/or the Personal Data Processing Policy posted on the corresponding page of the Website and/or the Application section.
- 2.4.11. The Buyer has the right to entrust the receipt of Goods to the Recipient, whose contact details must be provided to the Seller, including the surname, first name, patronymic, phone number, and also other information and information necessary for the Seller to fulfill its obligations. In case of non-compliance of the Buyers or Recipients data specified in the accompanying documents with the data of the provided identity card, the delivery person has the right to refuse the Buyer or Recipient to receive the Goods.
- 2.4.12. The risk of accidental loss or accidental damage of the Goods passes to the Buyer from the moment of transfer of the goods to him and the signature of the Buyer or Recipient in the documents confirming the delivery of the Goods.
- 2.4.13. In case of choosing a Service (option) Delivery and receipt of the ordered Goods by delivery, the Buyer agrees to the terms and delivery terms determined depending on the location of the Buyer and on the basis of internal regulations of Delivery Services (organizations engaged in postal communication and courier activity), selected at the discretion of the Seller.
- 2.4.14. In the case of choosing the Pick-up Service (option) and receiving the order at the place of sale, the Buyer agrees to the terms and conditions and the procedure for reserving the ordered Goods, namely:
- The Goods are reserved only on the basis of a duly executed and confirmed Order, subject to compliance with all other provisions of this Agreement;
- a reserve can be issued only if the selected Product is available at the corresponding retail outlet (partner store);
- the final characteristics and properties of the purchased Product may differ from those specified in the catalog;
- the reserve of unpaid ordered Goods is valid for 3 calendar days from the moment of placing a properly executed order;
- before the expiration of the reservation period, if the ordered Product has not been purchased, the Buyer has the right to request an extension of the reserve for up to 7 (seven) calendar days by sending a corresponding request to the contact details of the selected retail outlet (partner store) indicated onOn the Website or in the Application, or by the Sellers phone number specified in p.1.1. In this case, the Seller is obliged to transmit information about such a request to the partner store, at the same time, the extension of the reserve in any case is carried out by the decision of the partner store, about which the buyer is notified by the terms specified in theThe Buyers questionnaire data.
- 2.4.15. Upon receipt of the Goods, the Buyer or Recipient has the right to inspect it for damage, check the completeness, make sure that the tag with a seal is attached to the product and the characteristics of the goods correspond to the Order. The Buyer or Recipient, in case of agreement with the acceptance of the Goods, must put the necessary signatures in the accompanying documents, or refuse to receive the Goods.
- 2.4.16. In case of loss of the Goods by the Delivery Service, the Seller, in agreement with the Buyer, within a reasonable time, resends the Goods in a new order or cancels the Order, with a refund to the Buyer, if applicable, in accordance with;these Terms and Conditions.
2.5. Exchange and return of Goods and funds
- 2.5.1. The Seller establishes a warranty period in respect of all Products presented on the Website and/or in the Application, with the exception of hours, which is 6 (six) calendar months from the day followingnbsp;day of sale. For watches presented on the Website and/or in the Application, the warranty period is 3 (three) calendar years from the day following the day of sale. During the specified warranty period, if defects are found in the product, if they were not specified by the seller, such Goods are recognized as goods of inadequate quality, and the Seller (or manufacturer) is obliged to satisfy the legitimate requirements of the consumer (art.18nbsp;Law of the Russian Federation No.2300-1 of 07.02.1992 on Consumer Protection).
- 2.5.2. The exchange and return of goods is carried out in accordance with the current legislation of the Russian Federation.
- 2.5.3. With the remote method of sale, the Buyer has the right to return the goods of proper quality to the Seller within 7 (seven) calendar days after the transfer of the goods, provided that its presentation, consumer properties, a document confirming the fact and conditions of purchase of the specified goods from the seller, consumer packaging and a sealed label to the jewelry are preserved. The Buyers lack of a document confirming the fact and conditions of the purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of the goods from the Seller. If the Buyer refuses the goods, the Seller returns to him the amount of money paid for the goods, with the exception of the Sellers costs for delivery of the returned goods from the Buyer, within 10 (ten) days from the date of receipt of the goods by the Seller. The buyer does not have the right to refuse a product of proper quality having individually defined properties if the specified product can be used exclusively by the consumer purchasing it.
- 2.5.4. In case of return of goods of proper quality purchased remotely (if returned within 7 (seven) days after its transfer, subject to the preservation of the presentation, including the mandatory preservation of the sealed label to the jewelry), the Buyer fills in APPLICATION FOR A REFUND WITH AN INDICATION OF THE METHOD OF REFUND. After that, the Buyer independently sends the goods by courier service, Russian post or other available means, an application for a refund, an application for a refund with the original signature of the Buyer and a receipt to the Sellers legal address. Within no later than 10 (Ten) days from the date of receipt by the Seller of the goods, the application for the return of the goods, the application for a refund, the Seller returns to the Buyer the amount of money paid by him under the contract, according to the details specified in the application and belonging to the Buyer of the goods. The refund of the transferred funds is made to your bank account within 5-30 working days (the period depends on the bank that issued your bank card).
- 2.5.5. Upon receipt and payment of the goods directly by the Buyer in the jewelry store "IQDIAMONDS", located at the address: Moscow, Nauchny proezd, 19, office 502 (within the framework of the Service (option) Pickup), jewelry of proper quality is not subject to exchange and / or return.
- 2.5.6. In order to exchange or return Goods of inadequate quality during the warranty period, the Buyer is obliged to send to the Seller, according to the contact details specified in clause 1.1., the Goods of inadequate quality, the completed return form (claim), the documents for the Goods confirming the fact of purchase, passport data (a copy of the passport). Claims are considered by the Seller, subject to the provision of comprehensive information, documents and the purchased goods, within 15 (fifteen) working days from the date of receipt, and a refund, if the claim is recognized by the Seller, is made no later than 7 (seven) working days after the expiration of the specified period for consideration of the claim.
- 2.5.7. Claims are considered only if the Seller receives the goods in respect of which the claim is made. The Goods can be sent to the Seller by leaving a request to call the courier by phone specified in subparagraph 1 of paragraph 1.1. of this Agreement, or by any other legal means available to the Buyer that ensures the safety of the attachment (goods).
- 2.5.8. After receiving the Goods in respect of which the Buyer has made a claim, the Seller performs or instructs to perform a technological study. Based on the results of such a technological study, the Seller makes a decision to satisfy the claimed claim or reject it, which he informs the Buyer about, indicating the reasons. In case of rejection of the claim, the Buyer has the right to independently receive the Goods in respect of which such a claim has been declared and rejected, at the address specified in subparagraph 1 of paragraph 1.1. of this Agreement.
- 2.5.9. If necessary, the Seller reserves the right to conduct an independent examination to identify the causes and grounds for the defect and notifies the Buyer in writing about the place, date and time of the examination, its results at the address specified in the claim. In the case of an examination of the quality of the Goods, the period of refund to the Buyer may be increased by the number of days of the examination. If the examination reveals defects of an operational (production) nature, the Seller returns the Goods provided by the Buyer to the Buyer by courier service or by any other available method, and sends an examination report and a written response to the claim to his address. The cost of delivering the goods, in this case, is borne by the buyer.