Website User Agreement

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USER AGREEMENT

 

  1. GENERAL PROVISIONS

 

  • This User Agreement, hereinafter referred to as the «Agreement», determines the conditions for the Buyer’s use of materials and services of the Sitehttps: //www.emerald.eco.
  • The use of materials and services of the Site is governed by the norms of the current legislation of the Russian Federation.
  • The Buyer is obliged to fully familiarize himself with this Agreement before registering on the Site.In accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, this document is a public offer and in case of acceptance of the conditions of the Site set forth below, the person who accepted this offer becomes the Buyer. In accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, acceptance of an offer is tantamount to concluding an agreement on the terms set forth in the offer.
  • By searching for the Goods, placing an order, making payment for the Goods on the Site, the Buyer agrees to all the conditions specified in this Agreement.
  • The text of this Agreement is located at:https://www.eng.emerald.eco/polzovatelskoe-soglashenie-sajta/
  • The Seller and the Buyer provide mutual guarantees of their rights and legal capacity necessary for the conclusion and execution of this Agreement.

 

  1. DEFINITIONS AND TERMS

 

  • For the purposes of this Agreement, the following terms are used in the following meaning:

«Agreement» — a document that the Buyer must familiarize himself with if he makes a decision to order the Goods offered for sale on the Site.

«Buyer» — a person who is going to make the Goods on the Site or are already placing an order in real time, or who are already using the Goods purchased by them on the Site.

«Seller» — a legal entity (EMERALD ECOTECHNOLOGIES LLC), which is engaged in the sale of Goods through the Site. Details of the Seller can be found on the Website https://www.emerald.eco.

«Site» — the Seller’s Internet resource, located at https://www.emerald.eco , and containing all the technical capabilities necessary for visitors to the Site to view the descriptions of the Products for sale and to purchase them.

«Product» is equipment for the electrical treatment of water to be sold on the Site to individuals, legal entities, and individual entrepreneurs.

 

  1. SUBJECT OF THE CONTRACT

 

  • The Seller undertakes to transfer ownership, and the Buyer undertakes to pay and accept the Goods ordered on the Site.
  • If the terms of this Agreement are accepted, the person who accepts the offer becomes the Buyer.
  • Acceptance is the passage of the registration procedure on the Site and / or the start of using the Site, its separate function, access to any section of the Site, the fact of ordering the Goods under the terms of this Agreement.
  • Regardless of the fact of registration or authorization of the User on the Site, the use of the Site, including viewing the information posted in the sections of the Site, means the User agrees with this Agreement.
  • The use of materials and functions of the Site is governed by the norms of the current legislation of the Russian Federation.
  • The Buyer is personally responsible for checking this Agreement for changes in it.

 

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

  • The seller undertakes:
    • Accept the registration of the Buyer, his order for the purchase of the Goods in accordance with the established form.
    • Provide accurate information about the Product.
    • Based on the Buyer’s order, prepare the Goods for shipment / receipt by the Buyer and notify the Buyer about it.
    • Transfer the purchased Goods into the ownership of the Buyer in the appropriate quantity and quality.
  • The seller has the right:
    • Refuse to execute this Agreement unilaterally if the Buyer violates the conditions specified in the Agreement.The moment of termination of the contract is the date of sending the corresponding message to the Buyer by e-mail.
    • Expand and reduce the product offer of the site, regulate access to the purchase of Products, as well as suspend or stop the sale of any Products at its sole discretion.
    • Change the terms of the Agreement unilaterally.
    • Refuse to transfer the Goods to the Buyer in case of failure to receive payment for the Goods on time, as well as in the absence of a timely received order from the Buyer for the Goods or other actions of the Buyer necessaryto transfer the Goods to him.
    • If the Buyer does not accept the Goods or refuses to accept it, the Site has the right to require the Buyer to accept the Goods, collect its value or refuse to execute this Agreement.
  • The buyer is obliged:
    • To get acquainted with the information about the Goods and the conditions for their purchase indicated on the Site.
    • Provide reliable personal data during registration.
    • Do not transfer passwords and logins used to access the Site to third parties, ensure the confidentiality of their storage.
    • Immediately notify the Site about cases of use, theft of the Buyer’s account password.
    • Do not use the materials of the Site without the consent of thecopyright holders (Article 1270 of the Civil Code of the Russian Federation).
    • Whenciting materials from the Site in electronic form, place active hyperlinks to the main page of the site https://www.emerald.eco or to the page for posting the relevant material. When using information on any other medium, the source must be indicated in the form «Source: https://www.emerald.eco» .
    • Upon receipt of the Goods, inspect it, check its conformity in quantity, quality, and assortment.
    • Pay for the Goods in full.
  • The buyer has the right:
    • Refuse to pay for the Goods, canceling the order, and immediately notify the Seller.

 

  1. CHARACTERISTICS OF GOODS

 

  • The Buyer has the right to place an order for any Product presented on the Site.
  • Each Product can be ordered in any quantity.If it is impossible to provide the ordered quantity of the Goods, the Site notifies the Buyer that this is not a violation of this Agreement.
  • In the event that the manufacturer of the Product changes the technical characteristics of the individual Product, the site notifies the Buyer about this.
  • The appearance, equipment of the Product, its packaging may differ from those presented on the Site.

 

  1. PROCEDURE FOR PURCHASING GOODS

 

  • The Buyer, having registered on the site, independently creates an order on the Site through the appropriate web interface, for which he performs the following actions:
    • Fills the basket with the Goods necessary for the Order, choosing and confirming the cost of the Goods.
    • Sends the Product from the basket to the order.
  • In order to place an order on the Site, the Buyer must provide the Seller with the following information about himself: surname, name;phone number; E-mail address; city name; the address to which the Goods should be delivered.
  • The site is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.The Buyer assumes full responsibility for providing incorrect data about himself, which made it impossible for the Seller to perform this Agreement properly.
  • The order from the Site is transferred to the Seller’s program automatically.
  • The date of placing an order is the date of its placement through the Site.If the Order was placed after 19:00, the calculation of the date of sale of the Goods begins on the next business day after the date of placing the order.

 

  1. THE PRICE OF THE PRODUCT

 

  • Prices on the Site are indicated in Russian rubles per unit of the Product.All settlements are carried out in Russian rubles.
  • At the time of placing an order, the Buyer can order related services for the delivery of the Goods by third parties (courier services / transport companies).Tariffs for the provision of services for the delivery of the Goods are indicated on the Site.
  • The total amount of the order, at the request of the Buyer, may include, among other things, paid delivery of the Goods.
  • The price of the Goods does not include the commission of the payment system «Robokassa «, as well as commissions of other banks for non-cash transfers.
  • In the event of a change in the price of the Goods ordered by the Buyer, the Site, as soon as possible, informs the Buyer about this by phone or via e-mail to receive confirmation or cancellation of the order.If it is impossible to contact the Buyer, this Order is considered canceled.
  • If the Goods paid by the Buyer cannot be sold for any reasons beyond the control of the Site, the latter is obliged to notify the Buyer about this by phone or by e-mail.In this case, all relationships between the parties will be regulated separately.

 

 

  1. PAYMENT FOR GOODS

 

  • The Buyer can pay for the Goods in cash:
    • At the time of receipt of the Goods from the courier service employee.
    • At the time of receipt of the Goods from an employee of the transport company (upon delivery through the transport company CDEK).
    • With cash on delivery (for delivery via EMS Russian Post).
  • The Buyer can pay for the Goods in non-cash form:
    • To the settlement account of the Contractor through the «Robokassa » payment system .
    • By bank transfer.In this case, the completed payment receipt will be created after placing the order and sent to the specified postal address. Payment can be made through the Buyer’s bank system through the client bank. The receipt can also be paid at any bank branches, including Sberbank branches, while banks may charge additional fees.
    • In the case of a non-cash form of payment, the Buyer’s obligation to pay the price of the Goods is considered fulfilled from the moment the corresponding funds are credited in the amount of 100% (one hundred percent) of the advance payment to the Seller’s account.
  • In the case of a non-cash form of payment, the delay in payment by the Buyer of the price of the Goods for a period exceeding 5 (five) days is a significant violation of the Agreement.In this case, the Site has the right to unilaterally refuse to execute the Agreement by canceling the order, notifying the Buyer about it.

 

  1. DELIVERY OF GOODS

 

  • Delivery of the Goods can be carried out by courier services / transport companies (CDEK, EMS Russian Post, DPD, PEK, Delovyi Linii) at the expense of the Buyer or by self-pickup from the Seller’s warehouse.
  • The goods are subject to delivery by courier services / transport companies to the Buyer within a reasonable time, and in all cases the Seller seeks to reduce these terms to a minimum.The approximate delivery time of the Goods to the center of the region is 3-7 working days, to settlements that are not the centers of the regions of the Russian Federation, the period may be additionally increased by 1-10 working days, depending on its distance and the complexity of delivery.
  • The total delivery time may be extended due to reasons beyond the control of the Seller, but not more than 10 (ten) working days.
  • The seller is released from liability for delays in delivery times caused by the fault of third parties or force majeure circumstances (section 12 of the Agreement).
  • Failure to perform the actions necessary to accept the Goods may be considered by the Seller as the Buyer’s refusal to comply with the terms of this Agreement.
  • The Goods must be transferred to the Buyer or a person authorized by him at the address indicated by the Buyer when placing the order, and if the Buyer or his authorized person is physically absent at the time of transfer of the Goods, to any person who has presented a document of relationship with the Buyer.
  • The Buyer is obliged to accept the Goods according to their quantity, quality, assortment and completeness.
  • Based on the results of the inspection of the Goods, the Buyer pays for the Goods.signs a copy of the Seller’s documents, transmitted by the courier service / transport company, and assumes ownership of the Goods, or sends through the courier service / transport company a refusal to sign the documents, which indicates a list of identified deficiencies and a reasonable time for their elimination, or other requirements determined according to the legislation of the Russian Federation. The Seller undertakes to fulfill the requirements of the Buyer within the time frame set by the Buyer.
  • Employees of courier services / transport companies are not authorized to give the Buyer any advice, advice and recommendations, to assemble, install the Goods or perform other actions that were not agreed in advance.The seller does not bear any responsibility if such actions, advice or recommendations entail any negative consequences or losses.
  • After the transfer of the Goods, the Site accepts claims only in case of detection of hidden defects that cannot be visually identified at the time of acceptance of the Goods.

 

  1. TERMS OF RETURN OF GOODS

 

  • The exchange andreturn of goods is carried out in accordance with the Law of the Russian Federation of 02.1992 № 2300-1 » On protection of consumer rights » and the Decree of the Government of the Russian Federation of 27.09.2007 N 612 » On approval of the Rules for the sale of goods by remote means.»            
  • The exchange of goods of good quality, not used, is carried out in accordance with the rules of clause 1 of article 25 of the Law of the Russian Federation «On Protection of Consumer Rights».The consumer has the right to exchange goods of good quality within fourteen days, not counting the day of purchase. Exchange of goods of good quality is carried out if the specified goods were not in use, their presentation, consumer properties, seals, factory labels and packaging preserved, and there is also a document confirming payment for the specified goods.
  • The purchased goods of good quality, which were in operation, are not subject to return and exchange (products and materials contacted with food products, clause 6 of the List of non-food goods of good quality, which cannot be returned or exchanged for similar goods of other sizes, shapes, dimensions, styles , colors or configuration, clause 1 of the Decree of the Government of the Russian Federation of 01.19.1998 № 55).

 

  • The Buyer does not have the right to refuse the Goods of good quality, having individually defined properties, if the specified Goods can be used exclusively by the Buyer who acquires it («custom» Goods) (Article 26.1 of the Law «On Protection of Consumer Rights», in the case of the purchase of the Goods by an individual for personal use).
  • Return of goods of inadequate quality:
    • A product of inadequate quality means a Product that is unable to provide its functional qualities due to a significant defect.In a situation where the Goods were transferred in violation of the terms of the contract regarding the quantity, assortment, quality, completeness, packaging and (or) packaging of the goods, claims are accepted no later than 20 (twenty) days after receiving the Goods.
    • If the Goods are returned of inadequate quality, the Buyer is refunded the cost of the Goods, delivery and return shipment.In case of partial refund, the cost of delivery of the order is not refunded to the Buyer.
    • Refunds are made in accordance with the Rules for the sale of goods by remote means, approved by the Decree of the Government of the Russian Federation of September 27, 2007, No. 612.
  • Claims for the return of the amount of money paid for the Goods are subject to satisfaction on the basis of the Buyer’s application within 10 days from the date of the corresponding request.The request for a refund or exchange of the Goods to the Buyer must be submitted in writing to the Buyer’s legal address.

 

  1. DISPUTE RESOLUTION, LIABILITY OF THE PARTIES

 

  • All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the Agreement, the Parties will seek to resolve through negotiations.The Party that has any claims and / or disagreements shall send the other Party a message indicating the claims and / or disagreements that have arisen.
  • The message is sent by the Buyer by e-mail to the addressinfo@emerald.eco , as well as in writing by sending it by registered mail with acknowledgment of receipt and a list of attachments. The message must contain the essence of the requirement, evidence supporting the requirement.
  • Within 15 (fifteen) business days from the date of receipt of the original message, the Party that received it is obliged to send a response to this message.
  • If the reply to the message is not received by the Party that sent the message within 30 (Thirty) working days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and / or disagreements that have arisen, the dispute is subject to consideration in court at the location of the Seller …
  • For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties are liable in accordance with the legislation of the Russian Federation.

 

  1. CIRCUMSTANCES OF OUTSTANDING FORCE

(FORCE MAJEURE)

 

  • The parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures (force majeure).Such events of an extraordinary nature include: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena, as well as war or military operations, unstable political situation, etc.
  • In the event of force majeure circumstances, the affected Party must, as soon as possible, immediately notify the other Party in writing of these circumstances.The notice must contain information about the nature of the force majeure circumstances, as well as an assessment of their impact on the possibility of the Party fulfilling its obligations under this Agreement and the expected time frame for fulfilling such obligations. The term for the Parties to fulfill their obligations under this Agreement shall be extended in proportion to the time during which force majeure circumstances and their consequences are in effect, preventing the execution of this Agreement.
  • Upon the expiration of the force majeure circumstances, the relevant Party must, without delay, but no later than 3 (three) working days from the date of the termination of the force majeure circumstances and their consequences that prevent the execution of this Agreement, notify the other Party in writing.The notice must indicate the period within which it is expected to fulfill the obligations under this Agreement.
  • In cases where force majeure circumstances and (or) their consequences continue to operate for more than 3 (three) months in a row, either Party has the right to unilaterally and extrajudicially terminate this Agreement by notifying the other Party in writing 10 (ten) working days in advance. before the planned date of termination of the Agreement.The Parties will make all reasonable efforts to reduce any losses they may incur as a result of termination of the Agreement due to force majeure circumstances.

 

 

  1. VALIDITY AND AMENDMENT OF THE CONTRACT

 

  • This Agreement enters into force from the moment the Buyer makes an acceptance of the offer and is valid until the Parties fulfill their obligations in full.
  • The Buyer agrees and acknowledges that amending the Agreement entails the introduction of these changes into the Agreement concluded and valid between the Buyer and the Seller, and these changes come into force simultaneously with such changes to the Agreement.
  • The Agreement represents all the conditions agreed between the Parties in relation to its subject matter, and supersedes all previous agreements, assurances and any kind of agreement between the Parties regarding its subject matter, unless otherwise expressly agreed by the Parties.

 

  1. SELLER DETAILS

 

EMERALD ECOTECHNOLOGIES, LLC

INN 7734405934, KPP 332801001, OGRN 1177746905709

 

Legal / Actual / Postal address:

600026, Russia, Vladimir city, Kuibysheva street, 26A, room 327

 

Email: info@emerald.eco

Tel.: +7 (495) 928-77-71