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RETAIL PURCHASE AND SALE AGREEMENT
"01" January 2018
This text is a public offer (proposal) for the organization of sales of jewelry made of precious metals and precious stones (hereinafter referred to as the "Terms of Sale") were enacted from "01" January 2018 and determine the procedure and rules for the sale by Individual Entrepreneur Sarkisyan Zabela Grachyaevna (OGRNIP 305401106300022 , INN 01100339030) of jewelry made of precious metals and precious stones to individuals in the territory of the Russian Federation through the website www.sarkissian.ru.
1. General Provisions
1.1. In accordance with Article 437 of the Civil Code of the Russian Federation, these Terms of Sale, addressed to any individual who has reached the age of 18 years and who intends to purchase jewelry made of precious metals and precious stones in the territory of the Russian Federation (hereinafter referred to as the "Buyer"), are official , public and irrevocable offer (public offer) of the Individual Entrepreneur Sarkisyan Zabela Grachyaevna (hereinafter referred to as the "Seller") in the person of Sargsyan ZG. conclude a contract for the purchase and sale of jewelry made of precious metals and precious stones (hereinafter referred to as "Goods") on the conditions specified below.
1.2. Full and unconditional acceptance of this public offer, in accordance with Article 438 of the Civil Code of the Russian Federation, is the payment by the Buyer of the cost of the Goods ordered by them in the manner and within the terms determined by Sections 5 and 9 of these Terms and Conditions of Sale.
1.3. Acceptance of the offer means that the Buyer agrees with all the provisions of these Terms and Conditions of Sale, agrees to the processing of his personal data in the volume and in the manner prescribed by Section 12 of these Terms and Conditions of Sale and is tantamount to concluding a contract for the purchase and sale of jewelry made of precious metals and precious stones.
1.4. This offer is unlimited.
1.5. The Purchaser of the Goods may be only an individual who has reached the age of 18 years, having a passport issued by the state of which he is a citizen and located on the territory of the Russian Federation legally (temporarily or permanently).
2. Subject matter of the contract
2.1. The seller, acting on the basis of the certificate of state registration of an individual as an individual entrepreneur No. 3054001106300022, as well as the certificate of registration for special registration No. IP4001600667 of 12.01.2016 issued by the Russian State Assay Chamber of the Ministry of Finance of the Russian Federation, sells jewelry from precious metals and precious stones, the quality of which corresponds to OST 117-3-002-95 "Jewelry made of precious metals."
2.2. Information on the characteristics and cost of the Goods (catalog) is available on the website of the Seller www.sarkissian.ru (hereinafter referred to as the "Site") and is an integral part of these Terms and Conditions of Sale.
2.3. The buyer buys (acquires in the property) the Goods specified in the Order executed by the Buyer in the order established by Section 3 of these Terms and Conditions of Sale.
3. Order of the Order
3.1. Purchase order (purchase) of the Goods is voluntary fulfillment by the Buyer of consecutive actions with use of the Site functionality aimed at realization of the Buyer's intent to purchase the Goods in accordance with the Terms and Conditions of Sale.
3.2. The registration of the Order is preceded by the registration of the Buyer on the Site, including: (1) a preliminary registration providing for the filling in of fields containing information about the Buyer's personal data (name, phone number), and the e-mail address of the Buyer and a personal password;
(2) obtaining confirmation of registration of the Buyer on the site in the form of a message to the e-mail address (indicating the username and password entered during registration);
(3) the final registration, confirmed by the Buyer by means of a passage through the corresponding link of the information message sent to the e-mail address.
3.3. In the case of the transfer by the Buyer of their login information and password to third parties, the Buyer shall be liable for the consequences associated with the performance on its behalf of actions using the Site functionality, including actions to purchase the Goods.
3.4. The purchase of the Goods may be carried out by the Buyer by choosing the Goods presented on the Site;
3.5. When deciding on the purchase of the Goods, the Buyer shall add the selected Goods to the basket, select the delivery method and proceed with the procedure for completing the Order in the manner provided by the Site functionality.
3.6. The Order can be executed only if the Buyer agrees with these Terms of Sale, expressed by means of a mark in the "terms of sale" column. In the absence of confirmation of the Buyer's consent to these Terms of Sale, the Order is not executed.
3.7. After completing the Order on the Site, a message informing you of the successful execution of the Order with the indication of the number, date, method of payment and the amount of the Order is displayed. Also an e-mail is sent to the Buyer confirming the successful completion of the Order to the e-mail address with the indication of: the Order number and date, the contents of the Order, the types of selected additional services and their cost, the amount to be paid, information about the delivery and payment. In the event that the method of payment specified in subparagraph (b) of clause 8.3 of these Terms of Sale is selected, a file containing the automatically filled form of the receipt for payment of the Order will be attached to the message.
In case of unsuccessful execution of the Order, a message is displayed on the reasons and possible ways of eliminating the problems that have arisen during the execution of the Order.
3.8. Within 1 (one) business day after the completion of the order execution, an e-mail is sent to the Buyer's e-mail address regarding acceptance of the Order for processing.
3.9. The Seller informs the Buyer at each stage of the Order fulfillment by sending the Buyer electronic messages to the e-mail address.
3.10. If the Buyer has any questions regarding the properties and characteristics of the Purchased Goods, the Buyer, before placing the Order, has the opportunity to apply directly to the Seller using the contact details specified on the Site.
4. Obligations of the parties
4.1. The Seller undertakes to sell to the Buyer the Goods specified in the Order, executed by the Buyer, observing the following conditions:
4.1.1. At delivery of the Goods to the Buyer:
(1) within 35 (thirty five) working days from the date of receipt of funds from the Buyer in payment for the Goods cost, transfer the Goods to the Special Carrier for delivery to the Buyer. Delivery of the Goods to the Buyer is carried out in the manner and on the terms set forth in Section 7 of these Terms and Conditions of Sale;
(2) on the date of transfer of the Goods to the Special Carrier to notify the Buyer about the date of receipt of the Goods at the place of issue thereof by sending the electronic message to the Buyer at the e-mail address.
4.1.2. when the Goods are transferred at the Seller's location - no later than 35 (thirty-five) working days after the receipt of funds from the Buyer in payment for the Goods cost, issue the Goods to the Buyer (his authorized representative) at the place of issue of the Goods specified by the Buyer in the Order.
4.2. The Buyer shall:
4.2.1. To pay the price of the Goods within the period specified in Clauses 8.4, 8.5 of these Terms and Conditions of Sale.
4.2.2. Not later than the day following the day of receiving from the Seller a message confirming acceptance of the Order in accordance with clause 3.7 of these Terms and Conditions of sale, send the Seller to the e-mail address firstname.lastname@example.org a copy of the pages of the Buyer's passport (the person authorized by the Buyer to receive the Goods) containing information on Full name, date of birth of the owner, series and number of the passport, the name of the body that issued it, and the date of issue, the address of registration of the owner on the territory of the Russian Federation.
4.2.3. In the period specified in Clause 7.3 of these Terms and Conditions of Sale, obtain the Goods from the Seller or from the Special Carrier personally or through an authorized representative on the basis of a notarized power of attorney.
5. Requirements for packaging and labeling of the Goods
5.1. The Supplier shall ensure compliance with the requirements set forth for the OST 117-3-002-95 requirements for the marking and packaging of the Goods:
(a) The goods must have an imprint of the manufacturer's identification mark and be branded in
accordance with the Rules for branding products made of precious metals, approved by the Ministry of Finance of the Russian Federation;
(b) the Goods must have a sealed label containing the mandatory details of the Goods;
(c) The goods (each piece of jewelry) must be packed in individual containers, ensuring the safety of the Goods from loss and / or damage during transportation.
5.2. When the Goods are delivered to the Buyer by means of the Special Carrier, the Goods packed in the manner specified in clause 5.1 shall be placed in a box which is put in a plastic "safe box" accompanied by a blank on which it is indicated:
- address and name of the Seller;
- address and name of the Buyer;
- address and name of the Goods Receiver.
The Packaged Goods are sent by the Seller on the express delivery note to the Special Carrier.
6. Conditions of delivery of the Goods
6.1. Delivery of the Goods to the Buyer is carried out by a specially authorized employee of the Seller or by the delivery service of the Special Carrier (an organization that meets the requirements of Article 29 of the Federal Law No. 41-FZ of March 29, 1998 "On Precious Metals and Precious Stones").
6.2. The Recipient of the Goods may be both the Buyer himself and another person authorized by him who, at the time of receipt of the Goods, has the necessary powers, confirmed by a notarized power of attorney.
6.3. Delivery of the Goods is carried out to the place of residence (location) of the Buyer (his authorized representative), if the place of delivery is included in the delivery area of courier service of LLC "SPSR-EXPRESS" - a special carrier of valuable cargo. This information can be specified on the Site of the courier service www.spsr.ru.
6.4. The delivery time interval is agreed with the Buyer on the eve of the day of delivery. In this case, the waiting time of the employee delivering at the place of residence (stay) of the Buyer is 30 (thirty) minutes.
6.6. The seller on the date of transfer of the Goods to a specially authorized employee or the Special Carrier undertakes to notify the Buyer by sending him a message to the e-mail address about the fact of sending the Goods and about the estimated date of receipt of the Goods to the address of the place of residence of the Buyer.
6.7. The cost of costs associated with transportation and insurance of the Goods is included in the price of the Goods agreed upon by the Parties when completing the Order.
7. Conditions of issue of the Goods
7.1. The delivery of the Goods to the Buyer (the authorized representative of the Buyer) is carried out on condition that the Buyer submits a passport, and the authorized representative of the Buyer of the passport and a notarized power of attorney in one of the following ways:
(1) upon receipt of the Goods at the location of the Seller - on the commodity waybill;
(2) upon delivery of the Goods - by express invoice of the Special Carrier.
7.2. Upon receipt of the Goods, the Buyer (the authorized representative of the Buyer) is obliged to inspect the packaging of the Goods in the presence of an authorized representative of the Seller or an authorized representative of the Special Carrier, and then sign the Goods Receipt / Express Invoice on receipt of the Goods.
7.2.1. If during the transfer of the Goods to the Buyer from an authorized representative of the Special Carrier a breach of the package (opening, damage, or other damage) is detected, the Special Carrier shall draw up a commercial act involving the Buyer (the Purchaser's authorized representative) in which to describe the violations detected; Place the Goods in a new package and return it to the Seller.
At the same time, the Buyer has the right:
- refuse to receive the Goods and demand from the Seller a refund of the amount contributed to the Goods payment, or
- require the Seller to make a new delivery of the Goods within a reasonable time on the conditions and at the price specified in the Order.
7.2.2. In the absence of signs of a breach of the integrity of the package upon receipt of the Goods from the Special Carrier, the Goods shall be deemed delivered and delivered to the Buyer in accordance with these Conditions of Sale, and the Buyer shall forfeit the right to file further claims to the Seller in connection with the quantity, quality, completeness of the Goods.
7.3. The buyer undertakes to receive the Goods:
(a) from the Seller - on the date agreed with the Seller, but not later than 40 (forty) banking days from the date of transfer of the price of the Goods to the Seller's account.
(b) from the Special Carrier when delivering the Goods to the Buyer's place of residence (location) on the date agreed with the Special Carrier.
7.4. In the event of violation by the Buyer of the period for receipt of the Goods specified in subparagraph (b) of clause 7.3 of these Terms and Conditions of Sale, the Buyer shall pay for the cost of storage of the Goods to the Special Carrier at the rates applicable to this Territorial (regional) branch of the Special Carrier from the date of the agreed receipt of the Goods before the date of actual issuance of the Goods.
Prior to the fulfillment by the Buyer of the obligation to pay for the storage of the Goods, the Buyer will not have the right to demand the issue of the Goods from the Special Carrier.
7.5. In the event that the period of storage of the Goods at the Special Carrier exceeds 3 (three) working days, the Special Carrier will return the Goods to the Seller. At the same time, of the amount paid by the Buyer for the Goods, the Seller will make deductions related to the following without the additional notice and / or consent of the Buyer:
- with the payment of the services of the Special Carrier for the storage and return of the Goods on the basis of the account of the Special Carrier.
The amount remaining after the calculations is to be returned to the Buyer in the manner agreed with it.
8. Payment terms and conditions
8.1. The price of the Goods specified in the Order is final and not subject to change.
8.2. The price of the Goods includes the cost of precious metals and precious stones included in its composition, the cost of work on the production of the Goods, the cost of packaging, the cost of insurance and the delivery of the Goods to the Buyer.
8.3. Payment of the price of the Goods is carried out by the Buyer in full in the currency of the Russian Federation (rubles) in cash and by cashless form in one of the following ways:
(a) by depositing cash in cash at the Seller's cash desk at the Seller's location (Moscow, Prechistenka Street 30/2);
(b) through the transfer of the price of the Goods to the account of the Seller on the basis of the receipt received from the Seller;
(c) through the transfer of the price of the Goods by credit card or on-line remote payment services.
8.4. Payment of the Goods must be made by the Buyer within 3 (three) business days from the date of receipt from the Seller of confirmation of the availability of ordered Goods.
8.4.1. In the event of payment of the Goods in the manner specified in subparagraph (b) of clause 8.3 of these Terms and Conditions of Sale, the Buyer shall notify the Seller of the payment made within 1 (one) business day from the date of payment, indicating the amount and date of payment. The notification must be sent to the e-mail address email@example.com.
8.5. Expenses related to payment of the Goods in non-cash form in the ways indicated in subparagraphs (b), (c) of Clause 8.3 of these Terms and Conditions of Sale shall be borne by the Buyer in full.
8.7. In the event of payment of the price of the Goods in the manner specified in subparagraph (c) of Clause 8.3 of these Terms and Conditions of Sale, the online transaction is carried out using secure protocols and fully complies with the requirements for transaction security. Collection and processing of the received confidential data of the Buyer is made in the processing center (not on the Site), therefore, the Seller does not have access to the personal banking data of the Buyer, including information about his purchases made in other stores.
9. Transfer of ownership
9.1. The risk of accidental loss of the Goods, as well as the ownership of the Goods, passes from the Seller to the Buyer on the date of signing by the Buyer of the consignment note / express invoice in accordance with clause 8.1 of these Terms and Conditions of Sale.
10. Consequences of non-fulfillment of obligations
10.1. In the event that the Buyer does not pay the agreed price of the Goods specified in the Order within the period specified in clauses 8.4, 8.5 of these Terms of Sale or make payment in violation of the specified period, the contract of sale of the Goods shall not be recognized as concluded in accordance with clause 1.2 of these Terms and Conditions of Sale. In this case, the Seller will notify the Buyer of the cancellation of the Order. The preliminary payment made by the Buyer is subject to return by the Seller in the manner agreed with the Buyer.
10.2. In the event that the Seller makes the sale of the Goods in violation of the period specified in clauses 4.1.1, 4.1.2 of these Terms and Conditions of Sale, the Buyer shall be entitled:
(a) refuse to receive the Goods and demand from the Seller a refund of the amount paid in the payment for the Goods, or
(b) accept the Goods and demand from the Seller a penalty payment for the delay in performance of the obligation in the amount of 0.01% of the price of the Goods for each day of delay.
10.3. In the event of occurrence of events specified in Clause 7.5 of these Terms and Conditions of Sale, the Seller shall be relieved of the obligation to indemnify the Buyer for any losses (including lost profit), as well as to pay interest under Art. 395 Civil Code of the Russian Federation.
10.4. If the Buyer refuses to receive the Goods, incl. and when transferring it by the Special Carrier (except for the case provided for in Clause 7.2.1 of these Terms and Conditions of Sale), the Goods remain with the Seller (subject to return to the address of the Seller). The Seller undertakes to return the price of the Goods paid to him to the Buyer. At the same time, of the amount paid by the Buyer for the Goods, the Seller will make deductions related to the following without the additional notice and / or consent of the Buyer:
- with the payment of the services of the Special Carrier for the storage and return of the Goods on the basis of the account of the Special Carrier;
- reimbursement to the Seller of costs associated with certification, packing of the Goods.
The amount remaining after the calculations is to be returned to the Buyer in the manner agreed with it.
11. Processing of personal data
11.1. Hereby the Buyer agrees to the processing by the Seller of his personal data received from both the Buyer and any third parties in accordance with the requirements of the current legislation of the Russian Federation and confirms that by giving such consent he acts by his own will and in his interest. The consent is given by the Buyer for the purpose of concluding a sales contract with the Seller in accordance with these Conditions of Sale and its further execution, taking decisions or committing other actions generating legal consequences with respect to the Seller or authorized by the Seller. Personal data, consent to the processing of which is given by the Buyer, includes: surname, name, patronymic, date and place of birth, details of the identity document of the Buyer (series, number, date of issue, name of the issuing authority), address of the Buyer's registration, address delivery of the Goods, telephone number, e-mail address (hereinafter referred to as "Personal Data").
11.2. The consent specified in clause 11.1 of the Terms and Conditions of Sale shall be given by the Buyer to the Seller before the expiration of the storage of the relevant information or documents containing the above information determined in accordance with the legislation of the Russian Federation, after which it can be withdrawn by sending the Buyer a corresponding written notice of the Seller not less than 3 (three) months before the withdrawal of consent.
11.3. The consent specified in clause 11.1 of the Terms and Conditions of Sale shall be provided for any actions with respect to the personal data of the Buyer that are necessary to achieve the objectives specified in these Terms and Conditions of Sale, including but not limited to: collection, systematization, accumulation, storage, clarification , change), use, depersonalization, destruction, as well as the implementation of any other actions in accordance with the current legislation of the Russian Federation.
11.4. The processing of personal data is carried out by the Seller using the following methods (but not limited to): storage, recording on electronic media and their storage, drawing up lists, marking.
12. Force majeure circumstances
12.1. The Seller and the Buyer are exempted from liability for partial or complete failure to fulfill the obligations set forth in these Sales Conditions if this failure was the result of force majeure circumstances occurring after the Seller received the acceptance from the Buyer as a result of circumstances of an emergency nature that neither The seller or the buyer could not foresee or prevent such as flood, fire, earthquake and other natural phenomena, as well as war , military actions, blockade, prohibitive actions of the authorities and acts of state bodies.
12.2. In the event of the circumstances specified in clause 12.1 of these Terms and Conditions of Sale, the party for whom the obligation to fulfill the obligation has arisen must immediately notify the other party in writing about this. The notice should contain information about the nature of the circumstances, and should also be accompanied by a reference to official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability to fulfill their obligations under these Terms and Conditions of Sale.
12.3. If the party does not send or untimely sends the notice provided for in clause 12.2 of these Terms of Sale, it is obliged to reimburse the other party for the losses incurred by the default.
12.4. In the event of the occurrence of circumstances provided for in clause 12.1 of these Terms and Conditions of Sale, the term of performance by the party of obligations shall be transferred in proportion to the time during which these circumstances and their consequences act.
12.5. If force majeure circumstances and their consequences continue to be in force for more than two months, the parties shall conduct additional negotiations to identify acceptable alternative ways of meeting their obligations.
13. Procedure for resolving disputes
13.1. Any disputes and disagreements that may arise between the Seller and the Buyer shall be resolved through negotiations for the settlement of such disputes and disputes. The order of negotiations is determined by agreement between the Seller and the Buyer based on the principles of efficiency, authority and loyalty.
13.2. In case the dispute is not resolved through negotiation, the interested party will have the right to apply to the court of general jurisdiction in the manner determined by the civil procedural legislation of the Russian Federation.
14. Other conditions
14.1. The schematic images, 3D models and photographs of jewelry presented on the Site are not examples of the Goods and are used by the Buyer solely for the visualization of the Goods.
14.2. The seller reserves the right to develop, conduct and terminate the actions of shares and discount programs. Information on the terms and conditions of the shares and discount programs is placed in the relevant sections of the Site.
14.3. Execution, interpretation, application of these Terms and Conditions of Sale shall be governed by the rules of the civil legislation of the Russian Federation.
14.4. These Terms and Conditions of Sale may be changed at any time and / or supplemented on the initiative of the Seller. Information on the amendment / addition of the Terms and Conditions of Sale shall be placed on the Site in a timely manner by the Seller.
14.5. In the event that the Parties have allowed a derogation from the provisions of these Conditions of Sale in the course of the sale of the Goods and the rules established by these Terms of Sale are not applicable, the Parties will take measures to conduct additional approvals to settle the arising legal relationships.
Updated 01 January 2018