OFFER AGREEMENT for services provided by DIAMONDGNOME.COM online store Making a purchase at the online store, the buyer agrees with all listed below:
1. GENERAL PROVISIONS
1.1 The following is an offer (hereinafter - Offer) by Sergey Nikolayevich Telyatiev ("DIAMOND GNOME" brand) acting on the basis of the Vienna Convention 1980, EMOTA - European Distance Trading Association Convention and the Civil Code of the Russian Federation, hereinafter referred to as "Seller", to any legal or natural person, hereinafter referred to as "Buyer", to conclude a contract for the sale of Goods, hereinafter referred to as "Agreement", on the conditions described below.
1.2 In accordance with the Vienna Convention of 1980, EMOTA - European Distance Trade Association Convention and art. 437, paragraph 2 of the Civil Code of the Russian Federation (CC RF) in case of acceptance of the conditions described below and payment for the order, the legal or natural person who makes the acceptance of this offer (payment of the order amount) becomes the Buyer (in accordance with the Vienna Convention of 1980, Convention EMOTA - European Distance Trade Association, and paragraph 3 of Article 438 of the Civil Code, the offer acceptance is tantamount to concluding a contract under the conditions set forth in the offer). The absence of a paper copy of the Agreement signed between the parties shall not be grounds to consider the Sale and Purchase Agreement unconcluded.
1.3 Relations in the field of protection of rights of any of the Parties to this Agreement are regulated by the Convention EMOTA - European Distance Trade Association, CONSUMER RIGHTS DIRECTIVE 2011/83/EU and the Civil Code of the Russian Federation, the RF Law "On consumer protection", the RF Government Decree of 27.09.2007 № 612 "On approval of the rules of sale of goods by distance method", the RF Government Decree of 19.01. 1998 N 55 "On Approval of the sale of certain types of goods, a list of durable goods, which are not subject to the buyer's claim for gratuitous provision to him for the period of repair or replacement of similar goods, and the list of non-food goods of adequate quality, not subject to return or exchange for a similar product of different size, shape, dimension, style, color or completeness "and other federal laws and regulations of the Russian Federation or the Vienna Convention 1980, EMOTA - European Distance-Trade Association Convention.
1.4 The confirmation that all conditions of this Agreement are understood by the Buyer and he/she agrees to these conditions as a whole and without reservations, is the performance by the Buyer of one or more actions:
1.4.1 Clicking the "Checkout" button when placing the Order on the Site; Offer Agreement on services provided by DIAMONDGNOME.COM online store. https://diamondgnome.com/GNOME-DELIVERY/
1.4.2 The Buyer's specification of the e-mail address in the paragraph "ORDER" located on DIAMONDGNOME.COM website ;
1.4.3 The Buyer's signature on the consignment note (or other document confirming the transfer of the Goods).
1.4.4. The Buyer's signature on the invoice (or a document confirming the transfer of the Goods to the Buyer) issued by the Seller or by the delivery service at the moment of the actual transfer of the Goods to Buyer.
1.5 The Buyer is responsible for the accuracy of the information provided during registration and registration of the Order. Otherwise, the Seller is not responsible for the timely delivery.
2. BASIC TERMS AND DEFINITIONS
The Buyer - the natural or legal person who has the intention to order or purchase Goods solely for personal, family, household and other needs not related to business activities;
Seller - an organization carrying out the sale of Goods remotely;
Website - DIAMONDGNOME.COM ;
Goods - products offered for sale in the online store at DIAMONDGNOME.COM;
Order - the Buyer's own, voluntary act of purchasing the Goods offered by the online store. It may consist of several different items of Goods and kits, with each these items are accepted by the Seller as an independent Goods in one order and can be delivered separately from the other items of the Order.
Online Shop - the Seller's website designed to conclude contracts of retail purchase and sale on the basis of acquaintance Buyer with the description of Goods offered by the Seller and/or presented in pictures, by means of the Internet, which excludes the possibility of direct familiarization of the Buyer with Goods - remote method of sale of Goods, placed in Internet at the address: DIAMONDGNOME.COM;
Delivery service are organizations involved on the contract basis of with the Seller for delivery of Goods to the Buyer.
3. SUBJECT MATTER OF THE AGREEMENT
3.1 Seller undertakes to deliver the Goods, according to Buyer's Order. The Buyer to accept and pay for it according to the rules established of this contract.
3.2 The Order is an integral part of the Contract and is drawn up in electronically in the process of selecting Goods on the Seller's website. Service Agreement of DIAMONDGNOME.COM online store. https://diamondgnome.com/GNOME-DELIVERY/ The buyer himself takes the order in the online store, by moving the Goods to the "Shopping cart", and sending the Order to the seller by pressing the button: "CHECKOUT”.
3.3 When placing the order, the Buyer receives from the Seller complete and accurate information about the Goods, with which the Buyer is obliged to get acquainted with it when placing the Order independently via Internet - from the information placed on the page of the site DIAMONDGNOME.COM... https://diamondgnome.com/GNOME STORE/.
3.4 The term of execution and delivery of the Order is calculated in working days.
3.5 The term is specified by the Seller at the time of confirmation of the Order Buyer (by transfer of payment to the Seller's account), by sending an appropriate confirmation to the Buyer's e-mail address and/or telephone number of the Buyer specified when placing the Order.
3.6 The Seller cannot change the conditions of the Order after the transfer of the Order to the Delivery Service.
3.7 The Seller has no right to unilaterally cancel the Order after the advance payment has been made by the Buyer. The Seller has the right to cancel the Order and refuse to serve the Buyer in case the Buyer violates the terms of the Offer, including clause 4.2.
3.8 The title to the Goods is transferred from the Seller to Buyer at the moment of transferring the Goods to the Buyer, or to Buyer's authorized person.
3.9 After transferring the Goods to the Delivery Service, the Delivery Service is responsible for the safety of the Goods.
4. ORDERING AND DELIVERY OF GOODS
4.1 The registered Buyer of the Online store has the right to place an order for any Product, presented on the Site and available at the Seller's warehouse. By carrying out the Order on the site Web-shop, the Buyer undertakes the obligation to paying for the Order/Goods and accepting them, and the Seller undertakes to deliver and transfer to the ownership of the Buyer of the paid Order/Commodity.
4.2 The number of items of one article in the Order shall not exceed 5 pieces. Without reference to the cost of goods.
4.3 After the "Order Processing", the Buyer is informed about the date of delivery of the Order to the Delivery Service. On this date, the term on which the Delivery Service shall transfer the Order to the Buyer starts. This date may vary depending on the time required to "Process the Order".
4.4 In the event of changes in the delivery time, the Seller undertakes notify the Buyer.
4.5 The delivery terms specified on the website DIAMONDGNOME.COM are reference (informational) nature and do not give rise to any legal consequences for the Seller.
4.6 The territory of Goods delivery is limited to the list of countries published on the website DIAMONDGNOME.COM.
4.7 In order to avoid cases of fraud, as well as for proper performance of the obligations assumed by the Seller, when delivery of the Order to the Buyer - the person who carries out the delivery and transfer of the Goods, has the right to request the Buyer's ID CARD or PASSPORT.
4.8 If the Goods are out of stock, the Seller is obliged inform the Buyer about it. The Buyer has the right to fully reject the goods and receive a full refund before the date of shipment of goods to the Buyer.
4.9 The Seller undertakes to make all possible efforts to delivery of the Goods ordered by the Buyer, within the terms, specified on the Site. However, the Seller does not assume responsibility for delays not caused by the Seller.
4.10. The Goods shall be delivered to the Buyer by the Delivery Service to the address specified by the Buyer.
4.11. The Buyer is obliged to inspect and accept the Goods delivered at the place of delivery specified in the Order.
4.12. The signing of the act of delivery and acceptance or the delivery note shall be an indisputable confirmation that the Buyer has checked the purchased Goods for their compliance to the Order.
4.13. The Seller sends the Goods to the Buyer only after receipt of 100 % payment.
4.14. The right of ownership to the Goods, as well as the risk of accidental loss or damage to the Goods passes from the Seller to the Buyer from the moment of delivery of the Goods to the Buyer by the delivery service.
4.15. If the delivery of the Order is made within the established terms, but The Order was not handed over to the Buyer through his fault, the subsequent delivery is made in the new terms agreed with the Seller, after the re-payment of Buyer pays the cost of services for the delivery of Goods.
4.16. The Buyer is notified by these Terms and Conditions that the sale of Goods in online store is carried out in real time (round the clock) and implies a change in price and availability without of its availability without prior notice of this. In this regard, the Goods is reserved for the Buyer only after the acceptance of the Order Seller.
5. TERMS AND CONDITIONS OF PURCHASE
5.1 All text information and graphics, placed on the website are the property of DIAMONDGNOME.COM online store.
5.2 All the information about the Goods presented on the website is informational nature, is not an advertisement and cannot fully to transmit all the information about the features and characteristics of the Commodities.
5.3 Photos, pictures, video images of the Goods samples in the catalog are the property of the online store or its contractors. Each image of the sample is accompanied by text information on the Goods. The quality of the settings and the features of the screen of the Buyer's computer may distort the color scheme of the displayed Goods. Buyer has the right to contact the support of the online store for more information about the Product. At Buyer's request, the manager of the online store is obliged provide (by e-mail) other information that is necessary and sufficient, in the Buyer's opinion, for making a decision on the purchase of Goods.
5.4 The Goods may have slight differences from the image, presented on the website, in color, shape, or other parameters. Any characteristics of the Goods may be changed by the manufacturer of the Goods without prior notice. The Goods in cases, stipulated by EMOTA - the European Distance Trade Association and the Civil Code of the Russian Federation, has all the necessary certificates and fully meets the norms and requirements of EMOTA - the European Distance Trade Association and the Civil Code of the Russian Federation.
5.5 If the Buyer has any questions regarding the features and characteristics of the Goods, before making a purchase, the Buyer should apply in writing for advice to the online store.
5.6 Attention!!! The Seller sells the goods (product, thing) to the Buyer without transfer to the Buyer the rights of intellectual property for the product design, i.e. the Buyer does not have the right (without the Seller's written consent) to make and produce copies of the items acquired at DIAMONDGNOME.COM and any other person owning the products of Sergey Nikolayevich Telyatiev ( DIAMOND GNOME Brand ) also does not have the right to make and produce copies of the items (without the Seller's written consent) manufactured by him/her.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 The Seller is obliged:
6.1.1 Deliver the Goods in accordance with the terms of the Order.
6.1.2 Guarantee the quality of Goods in accordance with the conditions of this Agreement and the current legislation, according to warranty provided by the manufacturer of Goods.
6.1.3. in case of changes in the term of delivery (or the price of the Goods), inform the Buyer of the change in the terms of delivery. The Seller informs the Buyer by any available means: by phone, email, information on the Seller's website or in any other way at the Seller's discretion.
6.1.4 The Buyer shall be deemed to have accepted the changed conditions, if within 24 hours from the date of notification the Buyer has not informed the Seller about the cancellation of the order by any available means: by phone, e-mail.
6.1.5 The Buyer is deemed to have been notified of any change if Seller has proof of sending the information in its organized working internet system.
6.2 Seller has the right:
6.2.1 Seller shall have the right to send Buyer by e-mail and SMS information about the development of the online store, new Goods, services or promotions.
6.2.2 Seller reserves the right to unilaterally make changes to this Agreement with their Prior publication on the website.
6.3 The Buyer shall:
6.3.1 Before the conclusion of the Contract to familiarize with the content of the offer agreement, the terms of payment and delivery on the Site of the Internet DIAMONDGNOME.COM.
6.3.2 Pay for the Goods according to the Order and the price indicated in the Order.
6.3.3 Provide true information about himself Seller for the execution of the Order.
6.4 The Buyer has the right:
6.4.1 Request a refund of the advance payment in case of impossibility to execute the Order by the Seller.
7. PRICE AND PAYMENT PROCEDURE
7.1 The price of Goods is set by the Seller, published on DIAMONDGNOME.COM and is fixed at the time of the Order.
7.2 The total price of the Order is formed from the sum of the prices of each items of the ordered Goods.
7.3 The Buyer pays for the order in the way specified in the online Store.
7.4 The Buyer agrees to pay for the Goods in full, partial payment for the Goods is prohibited.
7.5 Method of payment for the Goods:
7.5.1 by means of a bank card at the moment of placing the Order (prepayment);
7.6 When paying by bank card:
7.6.1 The card must be active for online payment (determined by the issuing bank); A description of the payment process. You can find the description of the payment process in the section "Rules of payment and delivery of DIAMONDGNOME.COM website.
7.6.2 In accordance with the Regulation of the Central Bank of the Russian Federation "On Issuance of Bank Cards and Operations Performed by Banks of the Russian Federation". Bank Cards and Operations Performed with the Use of Payment Cards" of24.12.2004 № 266-P on bank cards transactions are made by a cardholder or a person authorized by him.
7.6.3 Authorization of transactions on bank cards is made by the bank. If the Bank has reasons to believe that the transaction is fraudulent nature, the Bank has the right to refuse to carry out this operation. Fraudulent operations with bank cards are prosecuted by law enforcement agencies.
7.6.4 In order to avoid cases of various kinds of misuse bank cards in the process of payment, all the Orders, made on the Site and prepaid by bank card are checked by the Seller. In accordance with the Rules of international payment systems, in order to verify cardholder's identity and his/her eligibility to use the card, the Client, who has placed such an Order, is obliged, upon request from an employee of the Merchant, provide a copy of two pages of the cardholder's passport of the bank card holder's passport (the page with a photo, and a copy of the bank card on both sides - the card number must be closed, except for the last the last four digits). The Seller reserves the right to cancel the Order without giving any reason, including the reason for cancelling the Order, including in case of failure to provide of these documents (by fax or scanned form by The Seller reserves the right to cancel the Order without giving a reason, including in case of failure to provide the documents (by fax or scan) within 14 (Fourteen) days from the date of the Order or if there are doubts about their authenticity. The cost of the Order is returned to the cardholder's (Client's) card.
7.6.5 If the issuing bank of this plastic card charges commission or other fee for debit/conversion operations funds, then these costs will be debited by the bank from the Client's account.
7.6.6 When prepaying for the Goods, the Order is accepted for processing only after receiving the confirmation of the successful operation from the processing center of the bank.
7.6.7 The Seller has the right to provide the Client with discounts on Goods and set up a bonus program and hold promotions. Types of discounts, bonuses, the procedure and terms of their calculation, the terms of the promotion can be changed by the Seller unilaterally.
7.6.8 If the Client participates in a promotion held by the Seller, he is obliged to strictly comply with its terms and conditions indicated on the Seller's website the Seller's website. If the conditions are violated, the promotion ceases to be valid the Goods purchased by the Customer.
7.6.9 If the account currency differs from Euro, the card must be available for payment of Goods in a currency other than account currency (determined by the issuing bank);
7.7 Settlements are made in Euros.
8. PRODUCT QUALITY
8.1 The quality of the Goods (with the exception of latent manufacturing defects) is established by the Buyer through visual inspection of the Goods upon receipt.
8.2 Upon receipt of the Goods, the Buyer confirms the presence or no complaints about quality, if such claims exist, the Buyer shall be obliged to send to the address of the Seller a written, handwritten claim within 7 days. After this time the Buyer's complaints will not be will not be accepted by the Seller.
8.3 In the event of a dispute over the quality of the Goods, each Party shall have the right to have an independent expertise. The costs for the expertise shall be borne by the Party through whose fault of the defects in the Commodities occurred.
9. ACCESS TO CUSTOMER INFORMATION AND PERSONAL DATA
9.1 The information provided by the Buyer is confidential.
9.2 The Seller uses the information voluntarily provided by the Buyer solely for the purposes of for the operation of the online store (sending notifications of Buyer of the execution of the order, etc.) and in cases necessary for Seller's performance of these Terms and Conditions.
9.3 The Buyer's personal data shall be processed in accordance with the EURO JUSTICE REGULATION ON PERSONAL DATA ( GDPR ) and the Federal Law "On Personal Data" № 152-FZ.
9.4 Placing the Order on the Seller's website is the Buyer's consent to the processing of their personal data, including surname, name, patronymic, address, phone, email address, date of birth, sex, passport data, as well as other specified information, if any, was transferred to the Seller. By placing an Order, the Buyer agrees that Seller may assign processing of personal data to any third party of his choice, subject to the requirements of the EU PERSONAL DATA REGULATION (GDPR) and the Federal Law "On Personal Data" № 152-FZ of 27.07.2006, including the implementation of confidentiality and protection of personal data by such person. The consent to the processing of personal data and other above mentioned actions shall be provided by the Buyer without any limitation of validity.
9.5 This consent may be withdrawn only upon written notice by the Buyer to the Seller at least thirty (thirty) days prior to the intended date of termination of the Buyer's use data by the Seller.
9.6 The Seller shall use the Buyer's personal data in the following forms: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, as well as any other actions with personal data, performed with the use of means of automation or without the use of such means in accordance with the EEU PERSONAL DATA REGULATION ( GDPR ) and the Federal Law "On Personal Data".
9.7 The Seller uses the Buyer's personal data for the following purposes:
1. to register the Buyer for the purpose of fulfilling the obligations under the Agreement;
2. to perform its obligations to the Buyer under the Contract;
3. to evaluate and analyze the Seller's performance in the process of fulfilling obligations under the Contract;
4. determine the winner of the promotional events held by the Seller.
9.8 The Seller is entitled with the consent of the Buyer to send information, including promotional messages, to the Buyer's e-mail and cell phone. The Buyer may refuse to receive advertising and other information without giving reasons for refusal at any time. The fact of registration on the Seller's site is a sufficient form of consent to receive the above-mentioned messages.
9.9 It is not considered a breach of obligations to disclose information in accordance with reasonable and applicable requirements of the law. The Seller shall not be liable for the information provided by the Buyer on the Site in the publicly available form.
9.10 The fact of registration on the Seller's site and/or placing the Order of goods, taking into account the prior reading of this text is a sufficient form of consent to the processing of his personal data, while the written form or other evidence for additional evidence of the expression of free will Buyer to the Seller is not required. By placing the Order, the Buyer confirms that his consent is specific, informed and conscious.
9.11 The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide the Seller information to agents and third parties, acting on the basis of a contract with the Seller, in order to fulfill obligations to the Buyer.
9.12 The Seller is not responsible for the information, provided by the Client on the Site in the publicly available form.
10. RETURN OF GOODS AND MONEY
10.1 Cancellation of Goods may be made at any time until their transfer to Delivery Service.
10.2 Return of goods of proper quality is possible if the product has retained its marketable appearance, consumer properties, and also the document the conditions of purchase of the specified goods. The absence of the specified document does not deprive the Buyer of the opportunity to refer for other evidence of the purchase of goods from the seller.
10.3 Return of Goods of proper quality is possible if the goods have retained their trade dress, consumer properties, as well as the document which confirms the fact and conditions of purchase the specified Goods.
10.4 Goods of proper quality with damaged disposable packaging shall not be returned.
10.5 The Consumer shall not be entitled to refuse goods of proper quality that have individually identifiable characteristics, if the goods in question may be used exclusively by the Buyer. The Buyer's right to refuse Goods of adequate quality does not apply to the list of Goods specified in the Resolution of the Government of the Russian Federation of 19.01.2011.
10.6 The Buyer's right to refuse Goods of proper quality does not apply to the list of goods specified in the Resolution of the Government of the Russian Federation of 19.01.1998 N 55 "On approval of the Rules of sale of certain types of goods, the list of durable and non-durable goods which are not covered by the buyer's requirement for gratuitous return and The list of durable goods that are not covered by the buyer's requirements for the period of repair or replacement of similar goods, and the list of non-food products of proper quality not subject to return or exchange for a similar product of different size, shape, style, color or configuration".
10.7 The return paid by the Buyer for the Goods of adequate quality shall be refunded within ten days from the date of receipt of the returned Goods by the Seller, upon submission of a relevant request by the Buyer, on the basis of a written application and presentation of an identity document, with deduction of all expenses of the Seller for delivery of the Goods returned by the Buyer. The possible commission is from 10% of the returned Goods and more CONSUMER RIGHTS DIRECTIVE 2011/83/EU (CRD) and (Art. 26.1 of the "Law on Protection of Consumer Rights.
10.8 Any actions related to the return of the Goods, return of the prepayment (payment) for the Goods, submission of claims, writing statements and demands are performed by the Buyer in person upon presentation of a document proving his identity! The Buyer should contact the hotline of the Seller, to agree other ways of organizing the return of goods.
10.9 the return of funds is made on the basis of written application of the Buyer.
10.9.1 A copy of the Buyer's ID document shall be attached to the application.
10.9.2 The return applications are considered within 10 working days.
11. RESPONSIBILITY OF THE PARTIES
11.1 The parties are responsible for the performance of obligations under this Agreement in accordance with the Convention EMOTA - European Distance Trading Association, CONSUMER RIGHTS DIRECTIVE 2011/83/EU and the Civil Code of the Russian Federation.
11.2 The Buyer is responsible for the accuracy of the information provided when placing the Order.
11.3 The parties are released from their liability if the failure to perform their obligations is due to force majeure circumstances such as: war or war like actions, earthquake, floods, fire and other natural disasters, acts or actions of public authorities, changes in customs regulations, restrictions on import and export, arising independently of the will of the Parties after the conclusion of this Contract. The Party that is unable to perform its obligations, shall promptly notify the other Party thereof and provide documents confirming the presence of such circumstances, issued by the authorized agencies.
12. RESOLUTION OF DISPUTES
12.1 All disputes and disagreements between the Parties arising during the present Contract shall be resolved by the parties by means of negotiations.
12.2 In case of failure to settle disputes and disagreements by negotiations, all disputes shall be considered in accordance with the procedure stipulated by the EMOTA - European Distance Trading Association Convention, CONSUMER RIGHTS DIRECTIVE 2011/83/EU and the Russian Civil Code.
12.3 Provisions not regulated by this Agreement, shall be governed by the United Nations Convention on Contracts for the International Sale of Goods or by the Vienna Convention 1980 or shall be governed in accordance with the law of the country in which the Seller has its place of business.
13. CONTRACT TIME
13.1 The Contract comes into force from the moment the Buyer places the Order on the Seller's website, and is valid until the Parties fulfill their obligations.
14. FINAL CONDITIONS
14.1 Claims of the Buyer related to the termination of the contract, elimination of violations of its terms and conditions, shortages of Goods, indemnification of losses, are presented to the Seller in written with the necessary documents substantiating these claims (document, certifying the fact of purchase in respect of the Goods, for which set warranty periods or shelf life (service), warranty card, as well as documents confirming the defects of the Goods and losses caused to the Buyer in connection with the improper quality of the Goods).
14.2 This contract, posted on the website at DIAMONDGNOME.COM is a public offer. The absence of a paper copy of the Agreement signed between the parties, with the signatures of the parties, in case of actual payment by the Buyer, shall not be a basis to consider this Agreement as not concluded. Payment in accordance with the Order is considered to be the Buyer's acceptance.
15. SELLER'S REQUISITES
Sergey Nikolayevich Telyatyev
INN 222304427477
NEPTUNSTRASSE 4, 4123- ALSCHWILL, SWITZERLAND
MOSCOW, RUZA, RAKITINO 21, 143103, RUSSIA
Account number: 40817810938121664295
Beneficiary bank: Public Joint Stock Company SBERBANK
BIK: 044525225
Corr. account: 30101810400000000225