CONDITIONS FOR THE SALE OF GOODS

1. Terms used in the text of these conditions and their definitions

  • The SELLER - LLC “Elica Trading”.
  • The BUYER — a physical entity, having a full legal capacity, who makes the ORDER for the purchase of the GOODS, presented on the SITE, exclusively for private, family, household and other needs not related to business activities.
  • The PARTIES - the SELLER and the BUYER.
  • The ORDER RECIPIENT - The BUYER or another entity specified when making the ORDER, ensuring the acceptance of ordered GOODS at the time of delivery.
  • The SITE – shop.elica.ru.  
  • The GOODS – cooker hoods (component parts thereto) for sale on the SITE, designed and manufactured by the SELLER and before the transfer to the BUYER being its property whose value is determined according to the price lists on the SITE.
  • The ORDER– duly executed request of the BUYER for the purchase (including delivery to the specified address) of the GOODS, chosen on the SITE.
  • The DELIVERY SERVICE – the third party that provides the delivery service to the BUYER in accordance with the contract concluded with the SELLER.

2. General terms

2.1.  These Terms, as well as information about the GOODS, presented on the SITE,  are underwritten by the Public Offer (Art. 435, p. 2 of Art. 437 of the Civil Code of the Russian Federation).
2.2. The SELLER reserves the right to modify the present Conditions, and the BUYER, in its turn, shall regularly monitor them.
2.3. Making the ORDER on the SITE, the BUYER confirms having read the content of these Conditions and accepted it without any additional consideration.
2.4. Making any notes in the appropriate graphs when registering on the SITE, the BUYER agrees to transfer to the SELLER the personal data (more information in clause 11.3 of these Conditions).
2.5. The information provided by the SELLER regarding the GOODS placed on the SITE is placed for reference purposes only and does not give the full data regarding the properties and characteristics of the GOODS, including colors, sizes and shapes.
2.6. Relations between the BUYER and the SELLER are regulated by the provisions:
  • of the Civil Code of the Russian Federation of retail purchase and sale (Art. 492  - 505 of the Civil Code of the Russian Federation);
  • Law of the Russian Federation «Concerning the Protection of Consumer Rights» dated February 7, 1992 № 2300-1;
  • "Rules of the sale of goods remotely”, approved by RF Government Decree dated September 27, 2007  № 612;
  • other laws and regulations, regulating the relationship between the PARTIES.

3. Registration on the SITE

3.1. To place an ORDER, the BUYER must create an account on the SITE.
3.2. The BUYER undertakes not to disclose to third parties the login and password provided during the registration.
3.2.1. If the BUYER has any suspicion regarding the safety of his login and password, and the possibility of their unauthorized use by third parties, the BUYER shall promptly notify the SELLER by sending him an e-mail to the address listed on the SITE in section "Contacts".
3.3. The SELLER shall not be liable for the accuracy and correctness of information provided by the BUYER at registration.

4. Making of the ORDER and time limit for its performance 

4.1. The BUYER individually makes the ORDER on the SITE. Terms of the ORDER execution are described on the SITE under the heads "Delivery" and "Payment".
4.2. If the BUYER has questions concerning the properties and characteristics of the GOODS, the GOODS place of manufacture, delivery of the GOODS etc., the BUYER shall communicate with the SELLER by telephone, specified on the SITE under the head “Contacts” before making the ORDER. In the case of corresponding questions from the BUYER, the SELLER shall immediately provide a complete answer to them.
4.3. When placing the ORDER the BUYER shall provide the following information:
  • the ORDER RECIPIENT’s name;
  • delivery address of the ORDER;
  • contact telephone number of the ORDER RECIPIENT;
  • date and time slot of the ORDER’s delivery.
4.3.1. The SELLER is not responsible for the accuracy and correctness of the information provided by the BUYER while making the ORDER.
4.4. After making the ORDER the BUYER is provided with the information concerning the expected date of its transfer to the DELIVERY SERVICE, in particular, the time period during which the SELLER undertakes to transfer the BUYER’s ORDER in the DELIVERY SERVICE, chosen when placing the ORDER. Specified date depends on the following factors:
  • existence of the GOODS in stock of the SELLER;
  • the time required to process the ORDER;
  • address and delivery region, a particular work of the DELIVERY SERVICE.
4.5. If the required amount of ordered GOODS are out of stock of the SELLER, the SELLER  shall inform the BUYER by sending an e-mail message or a telephone call using the contact details listed by him while registration on the SITE. In this case the BUYER has the right to agree to accept the GOODS in the amount available to the SELLER or to cancel this position of the GOODS from the ORDER. If the BUYER’s response is not received within five days, the SELLER has the right to cancel the GOODS from the ORDER.
4.5.1. If all the necessary GOODS are out of stock of the SELLER, including the reasons which are out of the SELLER’s control, the SELLER has the right to cancel the specified GOODS from the BUYER’s ORDER, notifying him by sending an e-mail message to the address specified by him while registration on the SITE.
4.5.2. The SELLER has the right to cancel the BUYER's ORDER for the GOODS, which the BUYER previously rejected two or more times, indicating the reasons, which were not related to the defects of the GOODS.
4.5.2.1. The SELLER has the right to refuse the BUYER in the ORDER processing, if he has already made and has not received other ORDERS.
4.5.3. In case of ORDER cancellation by the SELLER, when the BUYER has made a full payment or prepayment, the SELLER, upon the written request of the BUYER, returns the sum paid for the GOODS to the BUYER according to the procedure established by clause 10 of the present Conditions.

5. Price and paying conditions of the GOODS and services related to the GOODS’ sale

5.1. Price and paying conditions of the GOODS and services related to the GOODS’ sale (delivery of the GOODS etc.) are specified in the ORDER.
5.2. If the SITE has an incorrect indication of the price to the GOODS ordered by the BUYER, the SELLER informs the BUYER as soon as possible in order to confirm the ORDER on the corrected price or to cancel the ORDER. If it is impossible to contact the BUYER within three days after placing them ORDER, this ORDER is considered to be canceled. If this ORDER has been paid, the SELLER, upon the written request of the BUYER, returns the sum paid for the ORDER to the BUYER according to the procedure established by clause 10 of the present Conditions.
5.4. The GOODS shipped to the BUYERS in case of his complete prepayment only. Payment methods of the ORDER are specified on the SITE under the head “Payment”.
5.4.1. The GOODS are considered to be fully paid as soon as the BUYER’s money receives on the SELLER’s current account.
5.4.2. In the case the BUYER fails to pay the GOODS in the period specified in the ORDER, as well as in the case the BUYER changes the method of payment for the GOODS specified in the ORDER without securing approval of the SELLER, the order is canceled.
5.5. Specifics of payment of the GOODS by credit cards are determined by the Regulation "About the emission of the charge cards and transactions made by using them" approved by the Bank of Russia on December 24, 2004 No. 266-P (or other normative document – in case of its acceptance instead of the Regulations), according to which the transactions by bank cards are made by their holders, and persons authorized by them. Terms of payment of the GOODS by credit cards is specified on the SITE under the head “Payment”
5.5.1. Authorization of operations related to the purchase of the GOODS by credit cards is performed by bank. If the bank has reason to believe that the operation is fraudulent (Rule 159 of the Criminal Code of the Russian Federation), the bank has the right to refuse the BUYER in the implementation of this operation.
5.5.2. To avoid cases of various kinds of illegal exploitation of credit cards to pay for the GOODS all ORDERS placed on the SITE and ORDERS prepaid by credit card are verified by the SELLER. In case of any suspicions of the SELLER relative to the legality of the ORDER’s payment the SELLER has the right to cancel this ORDER without giving any reason and refund the cost of the ORDER to the bank card of the real holder.
5.5.3. If the BUYER pays for the GOODS by a credit card, he shall present the document of identification while receiving the GOODS.
5.6. The SELLER has the right to give to the BUYER a discount on the GOODS and set the program of bonuses. Types of discounts and bonuses (if set by the SELLER), as well as the procedures and conditions of their charge will be listed on the SITE.
5.6.1. The SELLER has the right to set discounts in order to move any method of payment or delivery of the GOODS. Thus, the SELLER may limit the conditions of discounts.

6. Rights and obligations of the SELLER  

6.1.   The SELLER has the right to:
6.1.1. refuse to perform these Conditions, having returned upon written request of the BUYER, the amount paid for the GOODS (if the GOODS were paid), in the event if
  • the BUYER has not paid for the GOODS in the specified time in the ORDER or the BUYER refused to accept it;
  • the ORDER RECIPIENT or his representative is absent at the delivery address, specified in the ORDER;
  • the BUYER of the ORDER never made any other actions necessary for the GOODS acceptance  (the ORDER RECIPIENT canceled the signing of the documents of the GOODS' acceptance,  etc.);
6.1.2. to avoid incidents of fraud, as well as to execute the assumed obligations (p. 6.2.1 of these Conditions) at the delivery of the ORDER (by an entity who delivers it) to require a document that proves the identity of the ORDER RECIPIENT or his representative, as well as to specify the type and number of the document on the receipt for the ORDER.

6.2. The SELLER shall:
6.2.1. to forward within the term specified in the ORDER by delivery or making available to the BUYER in the place defined in the ORDER the qualitative, complete goods in assortment and in amount specified in the ORDER;
6.2.2. to provide the BUYER with services related to the GOODS indicated in the ORDER  for the period specified therein;
6.2.3. if the BUYER rejects the goods of proper quality under the Conditions, specified in p. 7.1.3 of these Conditions, within ten days to return to the BUYER at his request the amount, paid for the GOODS, except for the SELLER’s costs for the delivery to the BUYER and from the BUYER the returned GOODS;
6.2.4. if the BUYER finds any major faults in the GOODS (if confirmed by Act of technical condition issued by an authorized service center) within seven days from the date of request to carry out the replacement of the GOODS to the GOODS of similar brand (model, article) or to the same GOODS of another brand (model, article) with an appropriate recalculation of the purchase price subject to Conditions.
 

7. Rights and obligations of the BUYER:

7.1. The BUYER has the right to:
7.1.1. before receiving the goods withdraw from the contract of the public offer subject to reimbursement to the SELLER the expenses provided in p. 6.2.3 of these Conditions;
7.1.2. reject the GOODS of proper quality at any time before it is received, and upon receipt within seven calendar days, excluding the day of its purchase, subject to the following requirements:
  • There is preserved the original batching of the GOODS, its packaging (including protective film on the GOODS) and documents confirming the purchase;
  • The GOODS are not used for the purpose intended: there are no traces of connection, installation or operation;
  • The GOODS have no damage, except those which have been marked by its acceptance of the ORDER RECIPIENT and recorded in the documents of the GOODS acceptance;
7.1.3. within thirty days from the date of receiving the GOODS of the appropriate quality to change the purchased GOODS to the GOODS of the same brand, type and purpose, but a different model, by strictly observing the requirements by the BUYER, specified in p. 7.1.2 of these Conditions and by paying the difference in the GOODS’ price (if any), and on the basis of reimbursement of expenses of the SELLER related to delivery and return of the GOODS in their actual size, but not less than ten percent of the value of the GOODS to be exchanged;
7.1.5. during the warranty period to return the GOODS of improper quality to the SELLER (if confirmed by Act of technical condition issued by an authorized service center and that confirms inadequate quality of the GOODS) and to request a refund of the money paid;
7.1.6. during the warranty period to require the replacement of the GOODS of inadequate quality in the event of significant deficiencies in the GOODS (if confirmed by Act of technical condition issued by an authorized service center and that confirms inadequate quality of the GOODS), to require replacement of the GOODS to the GOODS of similar brand or to the GOODS of another brand with the corresponding recalculation of the purchase price.
7.2. The BUYER (the specified GOODS RECIPIENT – in relation to responsibilities associated with acceptance of the GOODS) shall:
7.2.1. pay for the GOODS and services related to its sale, with the price, manner and within the period specified in the ORDER:
7.2.2. pay for the GOODS within three banking days from the date of ORDER;
7.2.3. in the case of delivery of the GOODS (providing other services related to the sale of the GOODS)  personally be present or to ensure the presence of appropriate recipients of the GOODS at the specified in the ORDER the delivery address on the day and time agreed with the SELLER on the phone;
7.2.4. receive the GOODS, specified in the ORDER, and documents to it, except in cases where the buyer has reason to require replacement of the GOODS or refuse to execute the Agreement (the public offer);
7.2.5. when receiving the GOODS to inspect its packaging and appearance, check the quantity, variety and completeness;
7.2.6. in support of the GOODS’ receipt sign the sale receipt. In case of any claims regarding the quantity and quality of the GOODS to sign the act with the SELLER, that will later be the basis for issuing the claims;
7.2.7 provide the ability to perform the services related to sales of the GOODS specified in the ORDER, by providing access to the place of execution and access to communications. When accepting the services to sign the act;
7.2.8. comply with the requirements set forth in the instruction manual for the GOODS;
7.2.9. bring all claims directly to the SELLER by e-mail listed on the SITE in section "Contacts".
 
 
8. Delivery
8.1. Delivery of the GOODS, as well as providing other services related to the sale of the GOODS is made by the SELLER in the following cities of the Russian Federation:
  • Moscow;
  • Saint-Petersburg;
8.2. Cost of delivery depends on the city and the GOODS’ type and is paid by the BUYER in accordance with the acting tariffs of the DELIVERY SERVICE.
8.3. Delivery time of the GOODS in Moscow and 100 km from Moscow Ring Road - from two to seven working days;
8.4. Delivery time of the GOODS in St. Petersburg - from three to ten business days.
8.5. Transfer of goods is carried out by the ORDER RECIPIENT only upon presentation of an identity document to the representative of the DELIVERY SERVICE. Otherwise (if this document is absent) the SELLER reserves the right not to transfer the GOODS with giving the BUYER related costs (shipping of the GOODS to the place specified in the ORDER and its return to the warehouse).
8.6. To prevent fraud, and to perform its obligations (p. 6.2.1 of these Conditions) at delivery of the ORDER the entity that ships the ORDER, exercise the powers provided to the SELLER in p. 6.1.2 of these Conditions while ensuring privacy and security of personal data of the ORDER RECIPIENT.
8.7. The Condition necessary to complete delivery in the period specified in the ORDER is a telephone confirmation received from the ORDER RECIPIENT, that it is at the delivery address and is ready to receive the GOODS within the period arranged by the parties. If the SELLER could not call the ORDER RECIPIENT (for reasons beyond the SELLER's control) to agree (or to confirm) by phone call date and time of the GOODS delivery, delivery is not performed (this circumstance is not default on delivery and transfer of the GOODS on the part of the SELLER). In this case, the delivery period shall be deemed extended for the period necessary for the SELLER to negotiate with the BUYER the new delivery time.
In this case, re-delivery is only possible after the BUYER's payment of its cost to the SELLER.


9. Return of the GOODS

9.1.   Return of the GOODS of adequate quality:
9.1.1. The BUYER in accordance with p. 7.1.3 of these Conditions is eligible for cancellation of the GOODS of adequate quality.
9.1.2. In case of any refusal of the GOODS, the SELLER upon written request of the BUYER returns him the cost of the GOODS, except for the SELLER's costs for the delivery to the BUYER and the returned from him GOODS, not later than ten days from the date of receipt by the SELLER the written statement of the BUYER.  Cost of expenses for such delivery is calculated in accordance with the applicable tariffs for the city of Moscow and St.Petersburg, place in section «Delivery» on the SITE. Money refund to the BUYER happens only after the actual transfer of the GOODS by the BUYER to the SELLER and immediate acceptance of the GOODS by the BUYER.
9.1.3. Within thirty days from the date of transfer of the GOODS of a good quality, the BUYER, having sent a written statement to the SELLER, shall be liable to exchange the purchased GOODS to the GOODS of the same brand, type and purpose, but of a different model, by adhering to the BUYER's requirements specified in p. 7.1 .2 of these Conditions and by paying the difference in price of the GOODS (if any), as well as there are terms of compensation for expenses of the SELLER related to the delivery and return of the GOODS, in their actual size calculated according to the prices placed in  “Delivery” on the SITE.
9.1.4. To return the GOODS the BUYER should:
  • fill in the application for the refund of the GOODS (sample is placed on the SITE) and sign it in person;
  • send a scanned copy of the application for the refund of the GOODS to the e-mail address provided on the SITE in section "Contacts".
9.2.   Return of the GOODS with inadequate quality within the warranty term:
9.2.1. The BUYER may return the GOODS with inadequate quality to the SELLER and request a refund of the paid amount, and in case of any significant defects of the GOODS - require the GOODS' change to the GOODS of similar brand (model, article) or to the same GOODS of another brand (model, article) with an appropriate recalculation of the purchase price.
9.2.1.1. The BUYER may exercise its authority stipulated by p. 9.2.1 of the present Conditions only if improper quality of the purchased GOODS is confirmed by Act of technical condition, issued by authorized service center.
9.2.2. If the BUYER canceled to sign the Agreement (the public offer) and claimed the refund of money for the GOODS, the sum for the GOODS shall be returned to the BUYER after ten days within the receipt by the BUYER from the SELLER an application for refund in the manner prescribed by p. 10 of these Conditions. This request is transferred by the BUYER at the same time with the GOODS refused by the BUYER, together with the original of the warranty card in the following way: The SELLER independently and at his own expenses takes the GOODS from the BUYER (at the delivery address of the GOODS, specified by the BUYER in the ORDER), having preliminary agreed with the BUYER the date and time of transmission of the GOODS by the BUYER.
9.2.3. Replacement of the GOODS of inadequate quality to the GOODS of adequate quality is carried out by the SELLER within seven days after the date of such request of the BUYER in the following manner: the SELLER independently and at his expense takes the GOODS from the BUYER with original warranty card and the Act of technical condition, issued by an authorized Service Centre (of the delivery address of the GOODS specified by the BUYER in the ORDER), having preliminary approved with the BUYER the date and time of the GOODS transmission to the BUYER.
 

10. Refund. 

10.1. Monetary assets shall be returned in a way that was used by the CUSTOMER when paying for the GOODS (by agreement between the PARTIES the method of refund can be changed, unless the payment via the SITE was made by the BUYER through the payment system PayOnline (refund in this case is carried out only on the card from which payment was made)).
10.2. For the refund the BUYER shall fill in the application form (the sample is on the SITE) and sign it personally.
10.3. If after making payment for the GOODS by the BUYER, there will be canceled the transaction, funds will automatically return to the bank card from which payment was made within one week. The exact date depends on the bank that issued the card.

11. Final clauses

11.1. Ownership of the GOODS, risk of accidental loss or accidental damage of the GOODS are passed to the BUYER from the date of delivery of the GOODS to the ORDER RECIPIENT or its representative (delivery is confirmed by handwritten signature of the ORDER RECIPIENT or its representative on the document confirming the acceptance of the GOODS).
11.2. For the GOODS is set the warranty period (for cooker hoods – 1 (one) year, for engine – 2 (two) years).
11.2.1. The warranty period commences from the date of transfer of the GOODS to the ORDER RECIPIENT or its representative.
11.2.2. Other guarantee conditions, as well as service life information of the GOODS are placed on the SITE in section «The Guarantee».
11.3. When registering on the SITE, as well as making the ORDER by the BUYER, the following information is provided: full name, e-mail address, password to access the SITE, delivery address for the ORDER, contact telephone number, as well as other personal data (including personal data of the person authorized by the BUYER on receipt of the ORDER), which are protected in accordance with the Federal Law dated July 27, 2006. № 152-FZ "On Personal Data".
11.3.1. The SELLER protects the confidentiality of personal data of the BUYER.
11.3.2. By providing personal data, the BUYER confirms their processing by the SELLER, as well as their transfer to the third parties:
  • with which the SELLER in its sole discretion concluded / will conclude in the future any contracts in order to fulfill these Conditions (including for servicing of the GOODS);
  • for the purpose of collecting and processing information, investigation of the customer satisfaction, conduction of marketing, sociological and other researches, as well as informing consumers about the GOODS by sending promotional material and advertising and information material in a variety of ways.
11.3.3. Consent to the processing of personal data is given by the BUYER for an unlimited term. The BUYER is acknowledged without limit in time and agrees that the specified consent to the processing of personal data can be revoked by him in writing at any time by notification to the SELLER by registered mail with a list of contents or delivery under the signature of the authorized person of the SELLER.
11.4. Neither party shall be responsible for failure to perform its obligations due to force majeure, including such as: fire, flood, earthquake and other natural disasters; man-made disasters; changing requirements of the legislation and related changes in the procedure of registration of imports; strikes; lockouts; civil disorders or civil unrest; acts of terrorism; military actions; unscheduled power outage; unlawful acts of third parties; weather conditions, which prevent timely delivery of the GOODS; repairs and other obstacles on the road (in the absence of alternative roads) that inhibit the delivery of the GOODS to the BUYER. Herewith, the performance time limit is increased by the period of force majeure and their consequences.
11.5. All the disputes and disagreements arising from the Agreement of the Public Offer must necessarily be considered in the pretrial order. If impossible to solve disputed issues by means of negotiations, disputes shall be resolved in accordance with the legislation of the Russian Federation at the location of the SELLER.
11.6. Everything that is not provided in the present Conditions, is regulated by the current legislation of the Russian Federation.
11.7. These Conditions enter into force on 01.06.2015

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