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Conditions of Product Sale

Terms and Definitions

 Client is a sui juris natural person placing their Orders on www.planium.ru web site or indicated as the Product recipient, or using Products purchased on www.planium.ru web site exclusively for personal, family, domestic and other needs not related to entrepreneurial activities. 

Vendor is Planium LLC

Web Shop is the web site belonging to the Vendor and located in the Internet at www.planium.ru. It contains products offered by the Vendor to its Clients for placement of Orders as well as terms of payment and delivery of the Orders to the Clients.

Web Site is www.planium.ru

Product is a physical object not withdrawn from civil circulation and offered for purchase on the Web Site.

Order is a duly created request of the Client for purchase and delivery of Products selected on the Web Site to the address agreed between the Vendor and the Client.

Client's User Account is Client's personal account in the Web Shop where monetary funds are transferred to in case the Client returns or withdraws the prepaid Order. Those monetary funds are subject to use as preliminary payment for subsequent Orders of the Client from the Vendor, or to return to the Client using the means with which the payment was implemented.

External Web Site is a site in the Internet where a link to www.planium.ru is located.

1. General Terms

1.1. The Web Site belongs to and is administered by Planium LLC.

1.2. Ordering products via the Web Shop, the Clients agrees with Conditions of Product Sale (hereinafter Conditions) specified below.

1.3. These Conditions as well as data on the Product presented on the Web Site represent a public offer according to article 435 and part 2 article 437 of the Russian Civil Code.

1.4. Relations between the Client and the Vendor are regulated by provisions of the Russian Civil Code on retail purchase and sale (§2 chapter 30) as well as Law of the Russian Federation "On Consumer Right Protection" dated 07.02.1992 No. 2300-1 and other regulations adopted in connection with those.

1.5. The Vendor reserves the right to amend these Conditions, for which reason the Client is obliged to regularly track amendments to the Conditions placed in Conditions of Product Sale section.

1.6. The Client agrees to the Conditions by pressing the Pay button at the last stage of Order placement on the Web Site.

2. Registration on the Web Site

2.1. To place an Order the Client shall register on the Web Site.

2.2. The Vendor does not bear responsibility for accuracy and correctness of data submitted by the Client during registration.

2.3. The Client shall not inform any third parties on his/her login and password specified during registration. In case the Client has any suspicions regarding secure use of his/her login and password or possibility of their unauthorized used by third parties, the Client shall immediately inform the Vendor about that by sending an email to info@planium.ru.

3. Order Placement and Timing

3.1. Client's Order placement can be performed in the following ways: by phone or at Client's own account on the Web Site. Details of Order placement can be found in Service Use section. 

3.2. When placing the Order, the Client shall indicate the following data:

Full name of the Client or Recipient of the Order.

Contact email.

Contact phone number.

3.3. After order placement and its preliminary payment the Client receives data on expected delivery date of the product to actual address agreed between the Vendor and the Client. This date means terms within which the Vendor shall deliver the Client's Order to the address selected during Order placement. The specified date depends on time the Vendor needs for Order processing.

3.4. The Vendor has a right to cancel Client's Orders if they contain Products the Client has refused from 5 or more times specifying refusal causes not related to defects in those Products.

3.5. All information materials presented on the Web Site are given for reference only and cannot contain full and reliable data on features and characteristics of the Product, including its color, size and shape. In case the Client has questions regarding features and characteristics of the Product, the Client shall address the Vendor before Order placement.

3.6. In case it is impossible to deliver the ordered Products, including due to reasons independent of the Vendor, the Vendor has a right to withdraw the specified Product from the Client's Order and notify the Client about that by sending an electronic message to the address specified during registration (or a message to My Orders section), or offer the Client to substitute the ordered Products with similar ones. 

3.7. In case a fully or partly prepaid Order is canceled, cost of the withdrawn Product is returned by the Vendor to the Client by Client's request. This is performed using the means with which the Product was fully or partly paid for, taking into account Vendor's incurred expenses. 

4. Delivery

4.1. Delivery means and address is agreed between the Client and the Vendor during Order placement.

4.2. Delivery territory is located within the borders of the Russian Federation. 

4.3. The Vendor shall apply all efforts to comply with delivery terms specified on the Web Site, however, delivery delays are possible due to force majeur events happening not due to Vendor's fault. If delivery terms are violated, the Vendor shall pay the forfeit envisaged by the law, but not exceeding 0.5% of the cost of the product not delivered within the agreed terms.

4.4. Risk of accidental loss or accidental damage of the Product passes to the Client from the moment the Order has been handed over to him/her and the recipient of the Order has put his/her signature in the documents confirming the Order delivery. The Vendor is considered as having discharged the obligations concerning the Product handover from the moment the Product has been placed at Client's disposal according to rules specified in article 458 of the Russian Civil Code. In case the Product is not delivered, the Vendor shall reimburse the cost of the prepaid Order to the Client.

4.5. During delivery the Order is given to the Client or to the person residing at the agreed address and this person is considered entitled for product acceptance.

4.6. To avoid cheating and to discharge the obligations specified in clause 4.5, the person delivering the Order has a right to ask for a document proving Recipient's identity during handing over of the prepaid order, as well as to specify type and number of the document shown by the Recipient in the receipt to the Order. The Vendor guarantees Recipient's personal data confidentiality and safety (clause 9.3.1.).

4.7. When the Order is handed over, the Client shall inspect appearance and package of the Order, number of Products in the Order, their completeness and assortment.

4.8. Terms provided by the Vendor for Order reception by the Client are limited and specified during Order placement at the stage when the delivery address is agreed. 

4.9. If the Order is not received within the terms specified in clause 4.8. of the Conditions, it is considered as Client's withdrawal of the purchase and sale contract and serves as basis for Order cancellation by the Vendor. If the non-received Order has been prepaid, the monetary funds are returned to the Client according to the procedure specified in clause 3.7 of the Conditions.

5. Product Payment

5.1. Product price is specified on the Web Site. In case the price of the Product ordered by the Client is specified incorrectly, the Vendor shall as soon as possible inform the Client about that to confirm the Order with the corrected price or to cancel the Order. In case it is impossible to contact the Client, the Order is considered canceled. 

5.2. Product price can be unilaterally changed by the Vendor. Product price is specified at the last stage of Order placement; it is valid at the moment when Send Order button is pressed. In this case price of the Product ordered by the Client is not subject to change.

5.3. Means of Product payment are specified on the Web Site in Pay for Your Order section. Agreed means of payment is a means selected by the Client from available payment means during Order placement.

5.4. In case of Product preliminary payment, the Order is accepted for process only after Client's monetary funds have been credited to Vendor's operating account. 

5.5. In case of late payment of the product handed over according to the present Conditions, the Client shall pay a forfeit amounting to 0.1% of the outstanding amount for each day of delay to the Vendor.

6. Return of Product

6.1. Return of Adequate Quality Product

6.1.1. The Client may not refuse from an adequate quality Product with certain individual properties if this Product can be used only by the Client purchasing it.

6.1.2. If the Client refuses from the Product as specified in clause 6.1.1. of the Conditions, the Vendor shall return him/her the cost of the returned Product, excluding Vendor's expenses for delivery of the returned Product from the Client as well as expenses for refund, no later than 10 days from the date the Vendor has received Client's application in written.

6.2. Return of Inadequate Quality Product

6.2.1. The Client may return an inadequate quality Product to the manufacturer or to the Vendor and call for reimbursement of the paid monetary funds within the guarantee period, Product lifetime, or if such period is not specified, within reasonable time not exceeding two years. The Client may also call for replacement of the improper quality Product or for elimination of its defects.

6.2.2. In case of Client's recession from the Contract and call for reimbursement of the monetary funds paid for the Product according to clause 6.2.2. of the Conditions, the cost of the Product shall be reimbursed to the Client within 10 days from the date the Vendor has received Client's application in written.

6.3. Monetary Funds Reimbursement

6.3.1. Monetary funds shall be reimbursed using the means the Client used during Product payment. 

6.3.2. In case reimbursement of monetary funds is performed simultaneously with return of products by the Client, reimbursement of the specified monetary funds is performed by the Vendor with consent of the Client using one of the following means:

a) in cash in the place where the Vendor is located,

b) transfer of respective amount to the bank account or other account of the Client specified by the Client,

6.4. Procedure at Violation of the Assortment (Cross-Picking) Condition by the Vendor

6.4.1. In case the Product is handed over with violation of the assortment condition, rules specified in article 448 of the Russian Civil Code are not applied.

6.4.2. In case a Product not complying with the ordered assortment (cross-picking) is detected in the Order, the Client has a right to refuse from the Product at order handover and call for replacement for a Product in the assortment envisaged in the Order, or for reimbursement of the monetary funds for the Product that has not been practically handed over.

6.4.3. The Product handed over to the Client with violation of the assortment condition shall be returned to the Vendor. In case the Client accepts such Product, the Vendor has a right to call for payment of this Product by the Client according to the price specified by the Vendor for this Product on the Web Site at the moment of Product handover. If the handed over Product is not available in the Vendor's assortment presented on the Web Site at the moment of Product handover, this Product is paid for according to the price agreed with the Vendor.

6.4.4. Replacement of product not compliant with the Order in terms of assortment is performed by placement of a new order by the Vendor or by the Client (according to parties' agreement) with payment from the User Account where the cost of the product that has not been handed over is shown.

6.4.5. In case it is impossible to replace the Product, the Vendor notifies the Client about that by sending an email message to the address specified by the Client during registration, whereas the monetary funds paid for the product that has not been handed over are reimbursed according to the procedure specified in clause 6.4.6.

6.4.6. Monetary funds paid by the Client for the Product that has not been handed over are credited to Client's User Account and shall be reimbursed within 10 days from the moment when the written application of the Client on monetary funds reimbursement has been received. Reimbursement of funds paid for the product is performed using the means with which payment was performed.

6.5. Procedure at Violation of the Quantity Condition by the Vendor

6.5.1. The Client shall check the number of Products in the Order during handover. If the Client detects non-compliances in terms of Product quantity in the Order during handover, the Client shall draw up the Quantity Non-Compliance Act in the presence of the Vendor's representative or the carrier.

6.5.2. If the Vendor has handed over a less quantity of the Product than it is determined by the Order (shortage) to the Client, the Client during handover has a right to accept the Product to the extent compliant with the Order and call for handover of the missing amount of the Product; or in case the Product has been prepaid to withdraw the Order to the extent of the missing amount of the Product and call for reimbursement of monetary funds for the missing Product.

6.5.3. Handover of the missing Product is performed by placement of a new Order by the Vendor or by the Client (according to parties' agreement) if the Client presents the Non-Compliance Act (Shortage Act) drawn up according to clause 6.5.1.

6.5.4. In case the missing Product has been preliminary paid for by the Client, its cost is counted in payment for a new Order. If the missing Product has not been paid for by the Client, it is paid for using any available means selected by the Client or by the Vendor upon agreement with the Client at placement of a new Order.

6.5.5. In case it is impossible to hand over the missing Product, the Vendor notifies the Client about that by sending an email message to the address specified by the Client during registration, whereas the monetary funds paid for the missing product that has not been handed over are reimbursed in the amount envisaged by clause 6.5.6.

6.5.6. The monetary funds that the Client has used as payment for the missing Product are shown in Client's User Account and shall be reimbursed within 10 days from the moment when the written application of the Client on monetary funds reimbursement and the Non-Compliance Act (Shortage Act) drawn up according to clause 6.5.1 have been received. Reimbursement of funds paid for the product is performed using the means with which payment was performed.

6.5.7. If the Client violates clause 6.5.1. in terms of drawing up of the Act, the Vendor has a right to deny satisfaction of claims in terms of quantity of the handed over Product to the Client.

7. Intellectual Property

7.1. All textual data and images presented on the Web Site represent property of the Vendor and/or its contractors.

8. Guarantees and Responsibility

8.1. The Vendor does not bear any responsibility for the damage done to the Client due to improper use of the Products ordered on the Web Site.

8.2. The Vendor does not bear any responsibility for content and operation of External Web Sites.

8.3. The Vendor has a right to assign or in any other way transfer its rights and obligations concerning its relations with the Client to third parties.

8.4. The Client shall not use the ordered Product with entrepreneurial purposes.

9. Confidentiality and Personal Data Security

9.1. Data Submission by the Client

9.1.1. During registration on the Web Site the Client submits the following data: Surname, Name, email, password for Web Site access.

9.2. By submitting his/her personal data during registration on the Web Site, the Client agrees to its processing by the Vendor, including with the purpose of promotion of products and services.

9.2.1. If the Client does not wish his/her personal data to be processed, he/she shall contact the Vendor's Customer Service via phone or email. In this case all data received from the Client (including login and password) is deleted from the Vendor's customer service and the Client will not be able to place Orders on the Web Site.

9.3. Use of Data Submitted by the Client and Received by the Vendor

9.3.1. The Vendor uses the data with the following purposes:

Client registration on the Web Site,

fulfillment of its obligations concerning the Client,

Web Site operation assessment and analysis,

determination of winners in campaigns organized by the Vendor.

9.3.2. The Vendor has a right to send advertising messages to the Client. If the Client does not wish to receive Vendor's mailing, he/she shall contact the Vendor's Customer Service via phone or email.

9.4. Disclosure of Data Received by the Vendor

9.4.1. The Vendor shall not disclose data received from the Client. If the Vendor has disclosed data to agents and third parties acting based on a contract with the Vendor to fulfill obligations regarding the Client, this is not considered violation.

9.4.2. If data is disclosed according to justified and applicable requirements of the law, this is not considered violation.

10. Other Conditions

10.1. Relations between the Client and the Vendor are regulated by the law of the Russian Federation.

10.2. If the Client has any questions or claims, he/she shall contact the Vendor's Customer Service via phone or email. The parties will try to settle all arising disputes by negotiation; if agreement cannot be achieved, the dispute will be sent for review to the court of justice according to the applicable law of the Russian Federation.

10.3. If the court has admitted that any provision of these Conditions and rules is invalid, that does not lead to invalidity of the other provisions.