Agreement on the use of online store services

Dear guest, thank you for visiting our website!

Please read this Agreement carefully before using the services of the online store www.molnija.shop.

This User Agreement (the “Agreement”) regulates the relationship between the Buyer (Client) and the Administration of the online store www.molnija.shop for the provision and use of the services of the online store www.molnija.shop (the “Seller” or the “online store”).

The purpose of online store is to facilitate distance sales of goods on the Internet. In order to use the online store to view the goods it sells and to calculate and place an order, the Buyer does not need to take any special actions such as entering into a contract.

The agreement defines the terms and conditions for the provision and use of services on the online store, and establishes the rights and obligations of the parties to the Agreement, as well as their liability for any breach of the terms and conditions for the use of the online store.

By proceeding to use the online store, you shall become party to this Agreement and confirm your full agreement with all its terms.

1. TERMS AND DEFINITIONS

1.1. The Company refers to the limited liability company Molnija Time (Molnija Time LLC).

1.2. The User is the person who accesses applications, services and information posted on the Website.

1.3. The Buyer is the person who has accepted the present Agreement

1.4. The Website means the website of the online store, which is a store that can be accessed through the Internet at https://molnija.shop, as well as the full set of web pages rooted in this address which are available to the User, and any of the Company’s other websites which contain a link to this Agreement.

1.5. The Agreement means the present Agreement between the User and the Company, which establishes the terms of use for the Website, including graphics and audiovisual products, design features and means of individualizing the user experience, text information and documentation, computer programs and files for download, and any other works, objects or materials on the Website, as well as the rules and the terms and conditions for Users to post information and materials in relevant public sections of the Website.

2. PURPOSE/OVERVIEW

2.1. The online store offers you its Services subject to the terms and conditions set forth in this Agreement.

2.2. Use of the Website’s services, as well as any relations between www.molnija.shop and you shall be regulated by this Agreement. By using any of the Website’s services or using any of its functions or features, you express your unconditional consent to all the terms of this Agreement, and agree to comply with them or immediately stop using services available on www.molnija.shop and leave the Website. All the services that are currently available on www.molnija.shop, as well as any development and/or new services added, are the subject of this Agreement.

2.3. This Agreement, as well as all information (including prices) on this website, is for informative purposes only and is under no circumstances a public offer in accordance with Article 435 and Article 437 § 2 of the Civil Code of the Russian Federation.

The online store carries our its trading in accordance with the current legislation of the Russian Federation which protects the rights of consumers and regulates trade, and also offers you its services subject to the terms and conditions of this Agreement.

2.5. By placing an order by phone, online, by fax, post or email, you give the online store your prior consent to process and use your personal data in accordance with Article 3 of the Russian Federal Law on Personal Data dated 27.07.2006, for the purposes defined in paragraph 7 of this Agreement, using various methods, including the use of automated analysis of personal data, as well as cross-border data transfer, for an unlimited term. According to Paragraph 5 of Article 21 of the Federal Law On Personal Data, the consent given may only be withdrawn on the condition you provide online store with notice no less than 120 days before the expected date of termination for the use of your data by the online store.

2.6. Nothing in the Agreement shall be construed as establishing between you and the online store principle-agency relationship, partnership relations, relations of joint activity, personal employment relations, or any other relations which are not explicitly provided for in the Agreement.

2.7. The agreement and the relationship between you and the online store originating from and connected with the provision of Services and use of the online store’s services takes place as permitted in accordance with the legislation of the Russian Federation. You, the User, and www.molnija.shop shall agree that all possible disputes concerning this Agreement and the relationship between you and the online store shall be resolved in adherence to Russian law, including the Federal Law on the Protection of Consumer Rights. Should the court rule that any particular provision of the Agreement is invalid or unenforceable, this shall not entail that other provisions of the Agreement are invalid or unenforceable.

2.8. www.molnija.shop reserves the right to amend this Agreement without providing any special notice, and the Updated Version of the Agreement shall come into effect from the date it is posted, unless otherwise provided in the new updated version of the Agreement. The current version of the Agreement is always available on this page.

2.9. This Agreement shall be construed as published on the Website and shall be applied and interpreted in accordance with the laws of the Russian Federation.

3. SCOPE OF AGREEMENT

3.1. The Seller agrees and undertakes to transfer the goods ordered by the Buyer to the buyer, and the Buyer agrees and undertakes to accept and pay for them.

3.2. Each Party warrants to the other that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to fulfil the Agreement and all its terms.

4. PRODUCT INFORMATION

4.1. The goods displayed on the online store are usually in stock at www.molnija.shop or in the warehouses of the store’s partners. The availability of goods displayed on the online store may change due to technical problems at the warehouse or software problems which the online store may experience.

4.2. If the item is out of stock and the order cannot be completed, then the administrator of the online store will contact the Customer and offer, where possible, a different delivery time, a replacement with another item or a refund (if the payment has already been made). If the payment has already been made, the Customer shall have his or her the money returned within 10 calendar days.

4.3. The photographs accompanying the goods descriptions are only illustrations and may vary from the actual goods. The goods descriptions accompanying the goods do not claim to be definitive or comprehensive and may contain typographical errors.

4.4. Upon the request of the Buyer, the manager of the online store is obliged to provide (by phone or email) other information which is necessary and sufficient from the point of view of the Buyer so that he or she can decide whether or not to purchase the goods.

4.5. The price of the goods displayed on the Website may be amended by the online store unilaterally, without providing any prior notice. The sale of Goods on the online store is carried out in real time (round the clock) and the price and availability of goods are subject to change without the provision of prior notice. In view of this, Goods are only reserved after the order has been processed by managers at www.molnija.shop, of which you have been notified in advance in this Agreement.

4.6. Should the price of goods, which have already been ordered by the Buyer, change (including in cases where price errors have been detected), the manager of the online store shall inform the Buyer as soon as possible (by phone or email) to confirm or cancel the order. If the Buyer cannot be reached by phone or email, this order shall be canceled.

4.7. Any goods specifications are subject to change without notice.

4.8. The online store www.molnija.shop cannot guarantee the accuracy, completeness or reliability of information posted on its main and additional sites. Therefore, information published on the given websites cannot be fully trusted until you receive written confirmation from us. You have the right to send your comments on any inaccurate descriptions of Goods you have observed to the Customer Support Service by email: sales@molnija.shop.

4.9. In accordance with GOST R 51303-99, the online store does not guarantee that the Goods ordered and displayed online will fully comply with the colour, shape and other specifications of the real assortment of Goods received, which share one or a combination of related features. If the real Goods do not meet your expectations, you have the right to return it, subject to the conditions for the return of Goods of adequate quality, but no later than 7 days from the date you received the Goods (Order) - see paragraph 8.

4.10. The Goods have all the necessary certificates and fully comply with the regulations and requirements of the legislation of the Russian Federation.

5. ORDERING

5.1. The Goods offered in the online store are sold to both natural persons and legal entities.

5.2. The Buyer shall confirm that he or she is 16 years of age or older.

5.3. After selecting the desired goods, the Buyer must fill in the data required (name, phone number, contact email address, delivery address, postal code).

5.4. The Buyer must provide valid data when ordering, which is necessary in order to process the order. The Seller shall not be held responsible for the accuracy or validity of the data provided by the Buyer and the consequences these factors may have.

5.6. In order to pre-order, the Buyer must provide the Seller with valid, accurate and complete information on the delivery address, as well as contact numbers and the Buyer’s email address.

5.7. If you provide incorrect information, or www.molnija.shop has reason to believe that the information you have provided is incomplete and/or inaccurate, www.molnija.shop has the right to refuse to provide you with its services, including the processing of orders.

5.8. After the Seller has received the order, the Buyer will automatically be sent a copy of the order to the email address that has been supplied. The copy of the order is not a confirmation of goods reservation and/or confirmation of the terms of their sale. A similar form of confirmation would be a letter from the manager of the online store.

5.9. A manager is obliged to notify the Buyer (by phone or email) if goods which are marked as being in stock on the online store are not in stock at the warehouse.

5.10. If the goods are not in stock, the Buyer has the right to change the order for another replacement goods and adjust the payment based on the relevant price difference, or the Buyer can cancel the order.

5.11. The Buyer has the right to reject the goods ordered at any time before it is dispatched to the Buyer, by informing the online store about the change in a timely manner (by phone or by email).

5.12. When ordering goods at night, on the weekend or on a public holiday, the order shall be deemed to be received by the Seller at 10 a.m. on the next working day.

5.13. The Seller shall not be held responsible if the Buyer fails to receive an email with an electronic notification that the order has been accepted for reasons related to interruptions in the internet connection or other reasons beyond the Seller’s control.

6. TERMS OF DELIVERY

6.1. Delivery of goods ordered from the online store, in the agreed quantity and range, is available throughout Russia and to neighbouring countries.

6.2. The total delivery time is individual, and varies based on the final destination where the cargo must be delivered.

6.3. Goods are shipped to the Buyer’s address after the payment has been received.

6.4. Once the goods have been shipped, the Buyer shall be sent a tracking code for the parcel, which is designed to simplify the procedure of tracking mail.

6.5. Ownership of the goods and the risk of accidental loss of the goods is transferred from the Seller to the Buyer the moment the Buyer receives the goods.

6.6. The Seller shall not be held responsible for the work and services provided by the Russian Post and transport companies, including shipment delays.

7. PAYMENT FOR GOODS

7.1. The available payment methods are listed on the website in the “Payment” section.

7.2. For non-cash payments, the Buyer makes the prepayment for the goods in full by transferring money to the account of the online store.

7.3. The payment is deemed to have been completed when the funds have been transferred to the account of the Seller.

7.4. Orders which are not paid within ten working days shall be cancelled.

7.5. Goods may only be paid for in roubles.

8. PRIVACY AND SECURITY

8.1. The exchange and return of goods is performed in accordance with the current legislation of the Russian Federation.

8.2. An application should be submitted by email on the return of the goods.

8.3. The buyer has the right to reject goods within seven days after they have been received. It is only possible to return goods of adequate quality if their marketable appearance, consumer properties, the full set of all its components, and original packing have all been preserved, as well as the document confirming the purchase of the specified goods and their terms and conditions.

8.4. Technically sophisticated goods, including watches, may only be returned after the goods have been checked in an authorised service centre on condition where the goods are determined to be in full working order and fully technical serviceable.

8.5. Should the Buyer reject the goods, the online store shall return the amount paid for the goods, from which the documented delivery cost of the goods to the Buyer shall be deducted (if any) along with the Cost of technical expertise in the service centre, no later than ten days from the date the Seller receives the returned goods.

8.6. The payment for delivery of the returned goods from the Buyer to the Seller is made at the Buyer’s own expense.

8.7. If the goods are found not to comply with paragraphs 8.3. – 8.4. of this User Agreement after they have been returned, the Buyer shall not receive a refund, and the returned goods shall remain his or her property. The costs associated with the storage and return of the goods shall be covered by the Buyer.

9. FORCE MAJEURE

9.1. In circumstances of force majeure, the online store has the right to limit the orders it accepts and processes.

9.2. Force majeure circumstances are considered to be extraordinary and unavoidable circumstances, unfolding against the will and desire of the Parties and which the Parties could not foresee or avoid.

10. LIABILITY

10.1. The User agrees and undertakes to only use the services of the online store in a lawful manner, for the sole purpose of obtaining the goods, and not for the purpose of causing any harm to the online store.

10.2. In accordance with this User agreement and the law, the User is fully responsible for any damage caused by his or her own fault to the Seller or third parties when using the online store.

10.3. The Company aims to ensure, but does not control and does not guarantee the confidentiality and protection of any information posted on the Website or obtained from the Website. The Company takes reasonable measures to prevent unauthorized disclosure to third parties of information supplied by the User on the Website, but shall not be held responsible in the event of this type of disclosure. In this regard, by transferring information to the Website, the User consents to any reproduction, distribution, disclosure and other use of such information. By posting information and materials, the User also guarantees that he or she has all the rights and powers necessary to do so, subject to the terms of this Agreement, and that this posting does not violate the legally protected rights and interests of third parties, international treaties and the current legislation of the Russian Federation.

10.4. In the event the Company receives complaints from third parties with claims related to the violation of the terms of this Agreement by the User, as well as with the information posted by the User on the Website, the given User agrees and undertakes to settle such claims, as well as to compensate the Company for all losses and damages incurred, including compensation for fines, legal costs, expenses and compensation.

10.5. The Company is not responsible for the User’s visit, as well as any use of external resources (sites of third parties), links to which may be provided on the Website. The Company shall not be held responsible for the accuracy, reliability, authenticity and security of any information, materials, recommendations and services posted on external resources. The User is free to use external resources at the User’s own discretion and at the User’s own risk.

10.6. The Company is committed to ensuring the information posted on the Website is accurate, but shall not be held responsible for any inaccuracies and/or inaccurate information, as well as any operational failures of the services provided through the Website. The User agrees that the Company shall not be held responsible and has no direct or indirect obligations to the User in connection with any possible or actual losses or damages which may be incurred in relation to any content on the Website, intellectual property, goods or services available on it or obtained through external websites or resources or other expectations the User may have in connection with the use of information posted on the Website or links to external resources. Under no circumstances, including, but not limited to, the User’s own negligence or carelessness, shall the Company be liable for any damages (direct or indirect, incidental or consequential), including, but not limited to, loss of data or profits, resulting from or in connection with the use or inability to use the Website, information, files or materials on it, even if the Company or its representatives have been warned in advance of the possibility of such losses. Should the use of the Website necessitate any additional maintenance, repair or repair of any equipment, as well as data recovery, all the associated costs shall be paid by the User.

10.7. The User shall be solely responsible for any information and materials posted on the Website. The Company does not initiate the publication of this information, does not determine who shall receive the information, does not have any influence on the content and integrity of the information posted, and at the time when the information is published on the Website the Company does not know and cannot know, whether or not the content posted is in breach of the current legislation of the Russian Federation, however, the company reserves the right to monitor, view, and/or to remove any information or materials posted by Users on the Website. When posting any information and materials, the User does not become a co-author of the Website and shall waive any claims for such authorship in the future. The Company shall not pay the User any royalties or any other remuneration during the term of this Agreement nor after it has expired

10.8. All information displayed on the Website shall be made available “as is”, without any kind of explicit or implied guarantee. To the fullest extent permitted by law, the Company disclaims all liability, explicit or implied, including but not limited to the implicit guarantees of product merchantability and suitability for a particular purpose, and guarantees of the legality of any information, product or service received or obtained through this Website.

10.9. The User agrees that all materials and services available on the Website or any part thereof may be accompanied by advertising, the placement of which is neither initiated nor controlled by the Company. The User agrees that the Company does not bear any responsibility for this advertising and does not have any obligations in connection with such advertising.

11. OTHER TERMS AND CONDITIONS

11.1. It is only possible to complete purchases in the online store www.molnija.shop in adherence to the terms of this Agreement.

11.2. By making a purchase in the online store www.molnija.shop, the Buyer fully accepts the terms of this Agreement without any reservation.

11.3. Should the court rule that any particular provision of the Agreement is invalid or unenforceable, this shall not entail that other provisions of the Agreement or the entire Agreement shall be deemed invalid or unenforceable.

11.4. All disputes and disagreements resulting or likely to result from the Agreement shall be settled by negotiation on the basis of a written statement submitted by the Buyer. After the Buyer’s claim has been received, the Seller must satisfy the demands made in the claims within 30 (thirty) days or refuse by sending the Buyer its reasons for refusal. If the dispute is not resolved in the complaint procedure within 60 (sixty) days, either of the parties has the right take their claim to court to resolve the dispute.

11.5. Should the Buyer breach the terms of the Agreement, the Seller’s failure to act shall not deprive the Seller of the right to protect its interests at a later point in time, and shall not constitute a waiver of the Seller’s rights should the Buyer make similar breaches in the future.

11.6. The Seller has the right to terminate the Agreement if the Buyer breaches its terms or on other grounds provided by the current legislation of the Russian Federation.

11.7. Any materials, files and services displayed on the Website cannot be partially or fully copied in any form or way, without having received written permission from the Company in advance, except in cases specified in this Agreement. If the User reproduces materials from the Website, including copyrighted works, a link to the Website must be referenced, and the text referencing the link must not contain any false, misleading, derogatory or offensive information. It is not permitted to translate, process (modify), make any change to the materials on the Website, or take any other actions to alter the material, including the erasure or modification of information of little significance and information about copyright and copyright holders.

11.8. Access to information on the protected sections of the Website is only granted to registered Users who have received a password to access the protected sections of the Website. The password should not be shared with other persons, and the User shall be held fully responsible for any damages caused to the User, the Company or third parties as a result of the User’s password being intentionally or unintentionally shared with another person. The User is responsible for keeping the password private and for any use of the Website which involves entering the User’s password.

11.9. It is prohibited to use any materials from the protected sections of the Website or any of its subsections by reproducing it in any form, in any way.

11.10. The current version of this Agreement is available online. The Company reserves the right to unilaterally change the terms of this Agreement at any time. These changes shall come into effect 2 (two) days after the newly updated version of the Agreement has been posted online on the Website. If the User does not agree with the changes, he or she must remove all the materials from the Website which he or she legally has the right to use, and then stop using the materials and services of the Website. By continuing to access to this Website, it shall be deemed that you fully consent to the amended agreement, and it is your own responsibility to regularly review this Agreement and the additional terms or notices posted on the Website.

11.11. If the User is a member of the affiliate programme of the Company and the parties have entered into a relevant agreement, the provisions of that agreement in relation to the use of the Website shall prevail over the terms of this Agreement.

12. THE USER’S RESPONSIBILITIES

12.1. The User agrees not to perform any actions which could be deemed as violations of Russian law or international law, including those in the area of intellectual property, copyright and/or related rights, as well as any actions which lead to or may lead to a disruption in the normal operation of the Website and its provision of services.

12.2. Any means of brand individualization, including trademarks and service marks, as well as logos and emblems displayed on the pages on the Website are the intellectual property of their holders. The User of the Website is prohibited from reproducing or otherwise using these means of branding and/or elements of them without receiving prior written permission from the respective copyright or trademark holders.

13. TERMS AND CONDITIONS FOR PROCESSING AND USING PERSONAL DATA

By accepting the terms of this Agreement, the User agrees to:

13.1. Provide his or her personal data, including a full name, email address, contact phone number, date of birth, region, city, place of employment and position to be processed by the Company, voluntarily and in his or her own interest.

Purpose of personal data processing:

  • to provide the Website’s services for the User;
  • to send notices regarding the Website services;
  • to prepare answers and respond to the User’s requests;
  • to send information about the activities carried out by the Company;
  • to send information about the Company’s products and services.

The list of actions performed using personal data to which the User agrees is as follows: the collection, organisation, structuring, storage, clarification (adaptation, alteration), use, de-identification, and transfer to third parties for the purposes which have been outlined herein, as well as the performance of any other actions under the current legislation of the Russian Federation, whether or not by automated means.

The Company agrees and undertakes to take all necessary measures to protect the user’s personal data from unauthorized access or disclosure.

This consent is valid until it is withdrawn by the User by sending a notification to the email address info@molnija.shop.

13.2. Receive advertising and updates on the Company’s products and services and those of its partners by email, which are sent to the email address the User supplied when registering on the Website.

14. OTHER PROVISIONS

14.1. The use of materials and services on the Website, as well as the placement of user materials on the Website, is regulated by the current legislation of the Russian Federation. All possible disputes under this Agreement or related to it shall be settled in accordance with the current legislation of the Russian Federation at the place where the Company is registered.

14.2. Nothing in the Agreement shall be construed as establishing between the User and the Company principle-agency relationship, partnership relations, relations of joint activity, personal employment relations, or any other relations which are not explicitly provided for in the Agreement.

14.3. Should the court rule that any particular provision of the Agreement is invalid or unenforceable, this shall not entail that other provisions of the Agreement are invalid.

14.4. Should the Buyer breach the terms of the Agreement, the Company’s failure to act shall not deprive the Company of the right to protect its interests at a later point in time, and shall not constitute a waiver of the Company’s rights should the Buyer make similar breaches in the future.

The User confirms that he / she has read and understood all the clauses of this Agreement and accepts them without limitation.


History

News

© 2018 PJSC Chelyabinsk watch factory «Molnija»
It is not a public offer. Made by ITExpert