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The conditions for sale of goods and privacy policy

The Conditions for Sale of Goods

These Conditions for the sale of Goods (hereafter, Conditions) determine the procedure of interaction between the parties during the purchase of Goods and/or Services displayed at the Internet resource en.lejournalintime.com.

Parties and basic definitions

Buyer – natural person who entered the web-site and placed in the established procedure the Order for goods available on the web-site and natural person identified by Seller as executing transactions for payment and/or return of goods. 

Seller — Native Limited Liability Company with place of business at address: 3, office 2301, Avangardnaya ul., Moscow

Website — Internet resource located in the Internet network at the address: https://lejournalintime.com, and legally employed by the Seller for the business activities.

Goods – the product of activities not excluded and not restricted in the civil circulation and intended for sale to the Buyer for the needs related to his business activities. 

Action — event conducted on the website, the offer of Seller for sale of particular item of Goods in the particular assortment/kind or particular category, correspondingly, during the particular period of time.

Order — the Buyer's request for purchase formally executed with the use of Web-site and, if necessary, the delivery of Goods selected at the web-site to the address indicated by Buyer.

1. General provisions

1.1.   This Contract constitutes the public offer in compliance with Art. 428 of Russian Federation Civil Code.

1.2. The Seller sells the Goods by distance method through the Website.

1.3.   The Buyer, who formally placed the Order on the Website, is considered to be acknowledged with the Contract and agreed to it. Following the "Place order" link the Buyer confirms that he accepted the terms of this Contract and the Privacy policy of the Website, which constitutes the integral part of this Contract and is posted on the Website at address: 

1.4.  The Contract can be modified by Seller unilaterally without notification of the Buyer. The new version of Contract will enter into force from the date of its publication on the Website and during placement of next Order.

2.    Subject of Contract

2.1.   The Seller undertakes on the basis of Order to deliver the Goods/services, posted on the Website, to the Buyer, and the Buyer undertakes to pay for the ordered Goods/Services.

2.2.   The price, name, description and other details are displayed on the Goods page of the Website.

2.3.   The quantity of Goods and final conditions of Goods/services sale with account for applicable Promotion Actions are agreed upon by the Parties in the Orders.

3.    Procedure of Order placement on the Website

3.1. The registration is administered during the first visit of Buyer to the Website in the "Register" box where he enters his name, e-mail address and password.

3.2.   The order placement is considered completed after receipt of payment

4.    Rules of shopping

4.1. The photographs accompanying the Goods and posted on the Website are the simple images only and can differ a little from the actual appearance of the Goods. The Buyer can obtain the more precise information about the Goods from the Seller via Contacts section of the Website.

4.2.   The Orders are accepted by the Seller for execution subject to availability of Goods, which are ready for sale.

4.3.  If the Seller does not have the Goods ordered by the Buyer, he has the right to exclude these Goods from the Order / cancel the Order and notify Buyer of that by sending the corresponding electronic message to the address indicated by the Buyer during registration, or by telephone call,

4.4.  If the Buyer refuses the Order/part of Order before the Seller transfers it to the delivery company, then the Order/part of Order is considered cancelled upon the initiative of the Buyer.

4.5.  In case of cancellation of fully or partly prepaid Order, the cost of cancelled Order received on the Seller's account is returned to the Buyer in the same way as the Order was paid for, or by other method that the Seller may suggest with consideration of Buyer's request.

4.6. The Seller maintains statistics of Orders bought out by the Buyer.

4.7. The Seller reserves the right to decide to block the "Upon receipt" payment option for the Buyer.

4.8.   The Buyer will be held fully liable for furnishing false information that resulted in the impossibility of proper performance by Seller of his obligations to the Buyer.

4.9.   After order finalization on the Website the Seller will notify the Buyer about the expected date of Goods delivery, sending the corresponding electronic message to the address, which Buyer indicated during registration, or by telephone call. The manager, who processes this Order, elaborates the details of Order execution.

5.    Order delivery

5.1. The options of Goods delivery are stated on the Website in the Payment and delivery section. The shipment of Goods from the storehouse of Seller for supply to the Buyer is executed within 1 - 3 working days starting from the date of order confirmation. The period and conditions of Goods delivery from the storehouse of the Seller to the address designated by the Buyer are established in compliance with the internal regulations for the courier /postal delivery services.

5.2.   The territory of Goods delivery posted on the Website is confined within the Russian Federation borders.

5.3.   The cost of each Order delivery is calculated on individual basis with consideration for the delivery method and region.

5.4.   The delays in delivery are possible due to unforeseen circumstances that can occur through no fault of Seller.

5.5.   During the delivery the Goods are surrendered to the Buyer or third party designated by the Buyer in the Order as the recipient or to the person who can produce the Order details (shipment number and/or full name of recipient) (hereafter, recipient) and pay the cost of Order and delivery in full measure to the person who delivered the Goods.

5.6.   The ownership title, risk of Goods accidental damage and destruction pass to the Buyer from the time of Goods handover to him and affixing the signature of the Buyer in the documents that confirm the Order delivery. Subject to fulfillment of conditions stipulated in Par. 5.5 of the Contract, the signature of recipient is considered by the parties as the signature of person authorized by the Buyer.

5.7.   The obligation of Seller to pass the Goods to the Buyer is considered discharged at the time of Goods handover by the person delivering the Goods to the person who satisfies the requirements set up in Par. 5.5 of the Contract.

5.8.   The obligations stipulated by Clause 2, Art. 10 of RF Law no. 2300-1 of 07.02.1992 "On the protection of consumers rights" and Par. 9 of RF Government Decree no. 612 of 27.09.2007 "On Approval of the Rules for Sale of Goods by Remote Means" are considered fulfilled by the Seller from the time of Goods and shipping documents receipt by the Buyer.

5.9.   At the time of ordered Goods receipt the recipient is obliged after payment for delivered Goods to inspect them for package integrity. If any claims to the package integrity will arise, the recipient is obliged to draw up together with the authorized persons (courier, operator of post office, etc.) the corresponding Act on the loss of package integrity and check afterwards the Order content for consistency with the packing list by quantity, assortment, name of Goods, and in case that inconsistencies are identified to draw up the Act on found inconsistencies together with courier/post office operator,

If the recipient did not make any claims according to above mentioned procedure, the Seller is considered as fulfilled his obligation to deliver the Goods in the satisfactory package.

5.10.  The presence of person delivering the Orders to the Recipient address is limited to 15 minutes.

5.11.  The Goods displayed on the Website meets by quality and package the requirements of TR CU, GOSTs and TU of RF, which is supported by applicable documents (certificates or other documents).

5.12.  The Buyer understands and agrees that the Goods delivery represents the separate service and does not constitute the integral part of Goods purchased by the Buyer, and its performance will end at the time of Goods acceptance by the Buyer and payment for it. The Goods purchase with delivery does not give the right to the Buyer to require the delivery of purchased Goods for the warranty service or replacement, and does not make possible for the Buyer to perform warranty service or Goods replacement by visit of Seller's representative to the Buyer and does not imply the possible refund of Goods delivery cost when the Buyer has the right to refund money for the Goods themselves.

6.    Payment for Goods

6.1.   All settlements of payment between the Parties are executed in Russian rubles. The price of Goods is quoted in Russian rubles and does not include VAT due to use of the simplified tax system by the Seller.

6.2. The price of Goods is quoted on the Website. If the quoted price of Goods ordered by the Buyer is wrong, the Seller shall inform the Buyer of that fact to allow Buyer to confirm the Order with the correct price or cancel the Order. When it is not possible to get in contact with the Buyer this Order is considered cancelled. If the Order was paid, the Seller returns to the Buyer the paid sum according to procedure set up in this Contract.

6.3.   The price of Goods is quoted excluding the cost of Goods delivery.

6.4.   The Seller can change the price of Goods quoted on the Website at his own discretion. However, the price for the already ordered Goods is not subject to any changes.

6.5.   The Seller has the right to require that the Buyer pay in advance for the Goods in amount of 100% of their price.

The Seller shall inform the Buyer about the advance payment requirement at the time of Order confirmation by telephone call made by Seller's representative. If the Buyer received from the Seller the advance payment requirement, the Buyer must make the advance payment before the Seller accepts the Order for execution.

The advance payment for Goods is made by any method indicated on the Website in the Payment and delivery section.

6.6.   The Contract specifies the following methods of payment:

6.6.1. "Upon receipt".

— If received in RF, the payment for Goods is executed in cash when the Goods are handed over to the recipient and confirmed by document of payment issued to the recipient in compliance with the legislation on the payment settlement

— The payment for Goods, if received in RF, can be executed in the non-cash form through the payment terminal, if the Buyer agreed with the courier in advance the need for use of such terminal.

6.6.2. "Payment with Bank card"

— The payment with bank card on the Website is allowed subject to use of licensed payment systems only.

— The transactions with bank cards may be only executed by the card holder or by person whom he authorized for it.

6.6.3. "Payment with electronic money resources (E-Money system)"

— The payment with E-money is executed by sending instructions to E-Money system operators via the provided payment gateways.

6.7 In order to prevent the illegal use of bank cards during payment for Goods and services, all Orders finalized on the Website with advance payment by the bank card or with the aid of mobile applications or E-money system will be checked by Seller. The Buyer, who arranged such Order, is required, if requested by Seller, to provide the document, which proves his identity. The Seller reserves the right to cancel the Order without giving any reason, including the case when the Buyer did not provide the above documents (via E-mail as the scan copy) within fourteen (14) calendar days from the date of Order placement or in case of doubts of this document authenticity. The money paid for this Order is refunded to the payer.

6.8.   The Seller may grant discounts for the Goods and establish the bonus program. The options of discount and bonus, the procedure and conditions of their accounting are indicated on the Website and can be changed by Seller at his own discretion.

7.    Return of Goods and money

7.1.   The Goods may be returned in compliance with the law on the consumer rights protection.

7.2.   Return of Goods with adequate quality

7.2.1. The Buyer may refuse to take the ordered Goods in any time before its transfer from the Seller's storehouse to the company engaged for its delivery, and after Goods receipt – within 14 days, excluding the day of Goods purchase. The Goods with adequate quality can be returned if they were not used, its marketable appearance and consumer properties, seals, labels and document with evidence of these Goods purchase (invoice, receipt, and bill) were preserved. 

7.2.2. If the Buyer refuses to take the Goods according to Par. 7.2.1, the Seller refunds him the cost of returned Goods less Seller's expenses for delivery of Goods returned by the Buyer, within ten (10) banking days from the date of actual receipt of returned Goods and all documents required for money return by the Seller.

7.2.3. The Goods, which may not be returned, are listed in RF Government Decree no.55 of 19.01.1998 "On approval of Regulations for sale of selective groups of goods, list of long-use goods not subject to Buyer's demand of free of charge use of similar Goods for the period of repair or exchange" and "The list of non-food goods of appropriate quality, not subject to return or exchange for a similar product of other size, shape, size, style, color or package".

7.3.   The return of Goods with inadequate quality:

7.3.1. The goods with inadequate quality mean the goods that cannot ensure the performance of its intended functions due to fault of Seller and/or manufacturer. The received Goods must match its description on the Website except for possible errors in writing. The variation of design or appearance elements from elements declared in the description on the Website does not mean the evidence of poor Goods quality or operability.

7.4.   The money is returned by refunding the paid Goods value to the banking card of the Buyer.

7.5.   General conditions of Goods return: https://en.lejournalintime.com/the-conditions-for-sale-of-goods-and-privacy-policy

7.6.1. The Goods may be returned only if requested in writing by the Buyer.

7.6.2. The Buyer's request must include attached the copy of Buyer's certificate of identification, copy of document with evidence of the purchase fact and payment sum.

7.6.3. In case of return of Goods with inadequate quality, delivered by courier or postal service company, the Buyer must include in the mail package containing the returned Goods the copy of Act of identified inconsistencies and/or the copy of Act on package integrity damage drawn up by courier or postal service company on the day of Goods receipt.

 

8.    Confidentiality provisions and rules of mailing

8.1. The Buyer personal data is processed in compliance with the Russian Federation Law no. 153-FZ of 27.07.2006 "On Personal Data" and Confidentiality Policy posted on the website at address: 

8.2. Notifying Seller of his e-mail, phone number and other information in the contract, the Buyer gives his consent to process his personal data in the course of contract conclusion and performance and use of the above mentioned communication means by the parties for legally valid actions under the Contract as well as by third parties whom the Seller engages for fulfillment of contractual obligations to the Buyer.

8.3. When placing Order on the Website, the Buyer can express his consent to receive from the Seller the E-mail and SMS- messages of advertisement and information nature. The Buyer may refuse the delivery of mailing messages by notifying the Seller of that.

8.4. The Seller has the right to use "cookies" technology. The "Cookies" do not contain any confidential information. The Buyer hereby gives his consent for collection, analysis and use of "cookies", including the use by third parties for the purpose of statistics and advertisement messages optimization.

8.5.   The Buyer gives his consent to Seller to acquire the information on the IP-address, which the Buyer uses when visiting the Website.

8.6.   The Buyer agrees that the Seller can record the telephone conversations with the Buyer. However, the Seller undertakes to prevent the attempts of unauthorized access to information received in the telephone conversations and/or sharing this information with the thirds parties, which have no direct relation to the Orders execution.

 

9.    Intellectual property rights protection

9.1. The rights to the intellectual activity results posted on the Website and other Internet-resources of the Seller reside in their holders and are protected in accordance with RF legislation and rules of international law.

9.2. The Buyer bears liability for misuse of intellectual activity results posted on the Website or other Internet-resources as required by Civil Code of RF.

 

10.   Additional provisions

10.1. The Website and provided services can be temporarily inaccessible either in part or in whole because of routine maintenance or other works and also due to any other reasons of technical nature. The engineering team of Seller is authorized to carry out the scheduled routine maintenance or other works with or without the prior notice to Buyers.

10.2. If any questions and claims arise to the Buyer, he must address them to the Seller using the contact information posted on the Website. The parties will seek to resolve all differences through negotiations.

10.3. If the court declares invalid any provision of this Contract, the remaining provisions will continue in full force and effect.

 

The policy of lejournalintime.com Website personal data confidentiality

This Policy of personal data confidentiality (hereafter, Confidentiality Policy) applies to all information about the User posted on the website in the Internet at address: www.lejournalintime.com (hereafter, Website) and that Native LLC can receive during the use of Website, its services, programs and products.

The use of Website services implies the unconditional consent of the User with this Policy and terms of his personal data processing specified in it; if the User does not accept these terms, he must refrain from the use of services.

1. General provisions

1.1. Within the context of this Policy the personal information is understood as:

1.1.1. The personal data that User makes known on his own account in the course of Services use, including the personal data of User. The information, which is mandatory for Services provision, is marked in special way. Other information can be provided by User at his own discretion.

1.1.2. The data transmitted automatically to Website services in the course of their use with the aid of software installed on the User's equipment, including IP-address, cookie files data, information about User's browser (or other program which is employed for access to the services), technical characteristics of equipment and software, which the User employs, the date and time of access to services, the addresses of requested pages and such other information.

1.1.3. Other information of User, which processing is stipulat ed by the Agreement on the use of Website.

1.1.4. This Confidentiality Policy is applied only to www.lejournalintime.com Website. The www.lejournalintime.com Website neither controls, nor bears liability for the websites of third parties where the User can go using the links available on the Website.

2. The purposes of personal information processing

2.1. The website collects and stores only such personal data, which is necessary for provision of services or performance of agreements and contracts with the User, except for cases where the legislation requires the mandatory storage of personal information during the period of time determined by law.

2.2. The Website processes the personal information provided by User for the following purposes:

2.2.1. Identification of User, who placed the Order on the Website, to be able to fulfill obligations in respect to the Order. 

2.2.2. Establishment of feedback communication with User, including the sending of notices, requests related to the use of Website, provision of services, processing of requests and applications from the User.

2.2.3. Determination of User location to ensure security and prevent fraud.

2.2.4. Confirmation of faithfulness and completeness of personal data, provided by User.

2.2.5. Collection of generalized statistical information on the User and Website use to improve the service quality.

2.2.6. Supplying User with the efficient customer and technical support in case of problems related to the use of Website.

2.2.7. Carrying out advertisement activities with the consent of User.

 

3. Terms for personal data processing and transfer to third parties 

3.1. The Website retains the personal data of Users in compliance with the internal regulations of specific services. 

3.2. In respect of personal data of Users, its confidentiality is preserved except for cases where the User supplies voluntary information on himself for general public access.

3.3. The Website has the right to transfer the User's personal data to the third parties in the following cases:

3.3.1. The User expressed consent for such actions.

3.3.2. The transfer is necessary for use of specific service by the User or for execution of specific contract or agreement with User. The User shall be informed on the personal data transfer in the course of service conciliation.

3.3.4. The transfer is required by Russian or other applicable legislation according to procedure established by law.

3.3.5. In case of Website sale all obligations for adherence to the terms of this Police relating to the retained personal data are assigned to the purchaser.

3.4. The processing of User's personal data is carried out for unlimited period of time by any lawful method including the processing in the personal data management systems with or without the use of automated facilities. The User's personal data is processed in compliance with Federal Law no. 152-FZ of 27/07/2006 "On personal data".

3.5. In case of personal data loss or disclosure the Website Administration informs the User on the personal data loss or disclosure.

3.6. The Website Administration takes necessary organizational and technical measures to protect the User's personal data from the unauthorized or accidental access, destruction, modification, blocking, copying, distribution and other illegal acts of third parties.

3.7. The Website Administration together with User takes all necessary measure to prevent losses or other negative consequences, caused by loss or disclosure of User personal data. 

 

4. Obligations of the parties

4.1. The User is obliged to: https://en.lejournalintime.com/the-conditions-for-sale-of-goods-and-privacy-policy

4.1.1. Provide information on the personal data required for Website use.

4.1.2. Update and supplement the provided personal data information in case of this information change.

4.2. The Website Administration is obliged to:

4.2.1. Use the received information exclusively for the purposes stated in this Confidentiality Policy. 4.2.2. Keep secret the confidential information securely, do not disclose it without the prior written consent of the User and do not sell, exchange, publish or disclose by other possible methods the received User's personal data, except for cases provided in this Confidentiality Policy. 

4.2.3. Take reasonable care to protect the User personal data confidentiality according to procedure, which is normally used for protection of such information in the existing business practice.

4.2.4. Block personal data relating to the corresponding User from the time of application or request made by User or his legitimate representative or authorized body for protection of rights of personal data subjects for the period of investigation in case of discovery of false personal data or unlawful acts. 

 

5. Liabilities of the parties

5.1. The Website Administration, failing to perform its obligations, shall be liable in damages incurred by User in connection with the unlawful use of personal data under the Law of Russian Federation.

5.2. In case of loss or disclosure of confidential information the Website Administration will not be liable if this confidential information:

5.2.1. Was exposed to general knowledge before its loss or disclosure.

5.2.2. Was received from the third party before the Website Administration received it.

5.2.3. Was disclosed with consent of the User.

 

6. Settlement of disputes

6.1. Prior to filing court action for disputes arising in relations between User and Website Administration, it is mandatory to submit a claim (written proposal of voluntary settlement of dispute).

6.2. The party received the claim must notify in writing the party asserting the claim on the results of complaint examination.

6.3. If the settlement process failed, the dispute will be referred to the court in accordance with the applicable legislation of Russian Federation.

6.4. This Confidential Policy and relations between the User and Website Administration are governed by the applicable legislation of Russian Federation.

 

7. Additional terms

7.1. The Website Administration may introduce alterations in this Confidential Policy without the User consent.

7.2. The new Confidential Policy enters into force from the time of its posting on the Website unless otherwise provided for by new version of Confidential Policy.

7.3. All suggestions and questions relating to this Confidential Policy must be communicated in the feedback form on the Website or through communication channels indicated in Contacts section.

7.4. The current Confidential Policy is posted on the page with address of: https://en.lejournalintime.com/the-conditions-for-sale-of-goods-and-privacy-policy

7.5. This Confidential Policy constitutes the integral part of Conditions for Sale of Goods posted at address: https://en.lejournalintime.com/the-conditions-for-sale-of-goods-and-privacy-policy

Published on: June 27, 2017.