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:
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:
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: email@example.com . 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
2.3. Registration and confirmation of the Order
2.4. Payment and receipt of Goods
2.5. Exchange and return of Goods and funds
IQ Diamonds is the No. 1 company in Russia for creating jewelry with laboratory-grown diamonds.
Registration number in the Assay Chamber of the Russian Federation ИП7803011746 from 03.09.2021