The Client is a natural person placing orders on the Site who-iam.com, specified as a recipient of the Goods or exclusively using Goods for personal, family, home and other needs not related to entrepreneurial activity.
The Seller is LLC Smart Lux.
Internet store is an Internet site belonging to the Seller where goods offered by the Seller to Clients for Order processing, terms of payment and delivery these Orders to Clients are presented.
Site — who-iam.com
Goods are material objects not withdrawn from civil turnover and presented for selling on the Site.
Order is a properly formalized request by a Clint for delivery of the list of Goods chosen on the Site to the specified address.
Delivery service is a third party providing delivery services of orders to customers under contract with Seller.
1. General Provisions
1.1. This Site is owned and administered by sole trader Yakubov Gleb Anatolevich.
1.2. Client agrees to the Terms of Sale of Goods (hereinafter the Terms), outlined below, ordering goods through the online store.
1.3. These Terms and Information about Goods presented on the Site are public offer in accordance with article 435 and paragraph 2 of article 437 of the Civil Code of the Russian Federation.
1.4. Regulations of the Civil Code of the Russian Federation about retail sale (§ 2 chapter 30), the Law «On Protection of Consumer Rights» 07.02.1992 № 2300-1 and other legal acts adopted in accordance with it apply to relations between the Client and the Seller.
1.5. Seller reserves the right to make changes to these Terms, so Client agrees to regularly monitor changes to Terms placed in the section «Terms of Sale».
1.6. Client agrees to these Terms by clicking the button «Place an order!» at the last stage of processing the Order on the Site.
2. Registration on Site
2.1. The Client automatically registers on the Site during the Order processing.
2.2. The Seller is not responsible for accuracy of information provided by the Client upon registration.
3. Order processing and delivery time
3.1. The Order can be made in several ways: received by phone or made by the Client on Site.
3.2. The Client should give the following information during the Order processing:
3.3. The Seller has the right to make a decision on limiting payment options for certain Clients the ability to pay for subsequent Orders by cash or bank card to the courier at the time of delivery, if:
3.4. The seller has the right to refuse concluding a contract and deny ordering without giving reasons.
3.5. The final delivery time depends on the address and region of delivery, work of specific Delivery Service and do not directly depend on the Seller.
3.6. All informational materials presented on the Site provided in preference and cannot fully convey reliable information about the properties and characteristics of the Goods including colors, sizes and shapes. If Client has the questions about and the characteristics of the Goods, he should contact the Seller.
3.7. If ordered Goods are out of stock, including reasons not depending on the Seller, the Seller has the right to cancel the specified Goods from the Customer Order and inform the Client about it by sending an electronic message to the address specified at the time of registration.
3.8. If prepaid Order was fully or partially concealed, the cost price of concealed Goods returns of the Seller to the Client at the request of the Client in a way which was used to prepay the Goods.
4.1. The methods of delivery are indicated on the Site in the section «Shipping and Payment».
4.2. Delivery territory: worldwide.
4.3. Seller will comply with the delivery time indicated on the Site, but delays in delivery are possible due to unforeseen circumstances not dependent on Seller.
4.4. Risk of accidental damage to the Goods transfers to the Client after transfer of the Order to him and signing the document confirming the delivery of the Order.
4.5. The cost of delivery does not depend on the weight and dimensions of the parcel, but on the region of delivery and the total score of the Order.
4.6. The Order is given to the Client or the party specified as Recipient of Goods at the time of delivery. If Order placed in cash cannot be given to these parties, it would be given to parties who is able to provide information about the order (track number and full name of the Recipient of Goods) and pay the total score of Order to Courier.
4.7. At the moment of delivery courier has the right to request a document certifying the identity of the Recipient and specify the type and number of the document on receipt to the Order to avoid fraud to fulfill the obligations assumed in paragraph 4.6. The Seller guarantees confidentiality protection of the Recipient's personal information.
4.8. The Client should check the appearance and packing of the order, the quantity of Goods in the Order, completeness and assortment at the time of transfer of the Order.
4.9. The terms allotted by the Seller for receiving an Order by the Client are limited and specified, indicated during the Order processing at the stage of selecting the appropriate delivery method.
4.10. Failure to receive the Order in terms specified in paragraph 4.9 is considered to be a refusal of the Client from the contract of sale and is the reason to conceal the Order by Seller. If unreceived Order was prepaid, money returns to the Client in the order described in paragraph 3.7.
5. Payment of Goods
5.1. The price of the Goods is indicated on the Site. If the price of the Goods ordered by the Client is indicated improperly, Seller informs the Client about it as soon as possible to confirm the Order for the corrected price or cancellation of the Order. If it is impossible to contact Client, the Order is considered to be canceled. If an Order has been paid, Seller returns money paid for the Order to Client.
5.2. The price of the Goods can be changed by Seller. The price of the Goods is indicated on at the last stage of order execution and is valid at the time the button «Checkout!» is pressed. The price of the Goods ordered by Client cannot be changed.
5.3. The payment method is established individually for each product by sole trader Yakubov Gleb Anatolevich. Ways of payment of the Goods are indicated on the Site in the section «Shipping and payment» and can be changed be sole trader Yakubov Gleb Anatolevich in any time. The agreed method of payment is the method chosen by a Client from available Payment methods for these Goods during Order processing.
5.4. If Goods are prepaid, the Order is accepted for processing after crediting the money to the Seller's account. Goods are not reserved and Seller cannot guarantee the availability of the Goods specified at the time of placing the Order in stock, consequently, the processing time for the Order may increase.
5.5. Features of payment of the Goods by bank cards
5.5.1. According to law of Central Bank of Russian Federation «About the emission of bank cards and operations made with the use of payment cards» 24.12.2004 № 266-П all operations with bank cards are made only by the owner of this card or authorized party.
5.5.2. When making payment for the Goods with the use of bank cards, the Client should present a document proving his identity except for the case of payment by an unnamed bank card.
5.5.3. The order of payment with the use of bank cards is indicated on the Site in the section «Shipping and payment».
5.5.4. Authorization of operations on bank cards is carried out by the bank. If banks have the reasons to believe that the operation is fraudulent, it can refuse to carry out this operation. Fraudulent operations with bank cards are regulated by article 159 of the Criminal Code of the Russian Federation.
5.5.5. To avoid the misuse of bank cards for payment all Orders placed on the Site and prepaid by bank card are checked by Seller. The Seller can cancel the Order without explanation. Order cost is returned to the Client’s bank card.
5.6. The Seller can provide the Client with discounts on the Goods and set the bonus program. Types of discounts, bonuses, order and conditions of charging can be changed by a Seller.
5.7. The Seller can set discounts in order to promote a particular method of payment or delivery of the Goods. The Seller can limit the terms of the discounts.
5.8. If marketing events assuming an attachment of some objects in Client’s Orders, the delivery of these attachments is paid by the Client. The Client should contact the Customer Service to refuse attachments.
6. Return of Goods
6.1. Return of Goods of proper quality.
6.1.1. The Client can refuse the ordered Goods at any time before it is received and after it was received within 14 days not counting the day of purchase. Return of Goods of proper quality is possible, if its marketable condition, consumer properties and document confirming the fact and terms of purchase of specified Goods are saved.
6.1.2. The Client cannot refuse the ordered Goods of proper quality having individually-defined properties if specified Goods can be used only by buying Client.
6.1.3. According to paragraph 6.1.1 if the Client refuses the ordered Goods, Seller returns him the cost of the returned Goods excluding the seller's shipping costs of the returned Goods from the Customer within 10 days from the date of receipt by the Seller of a written application and returned Goods from the Customer.
6.1.4. If a similar product is not available for sale by the Seller at the moment of the Client's request, Client has the right to refuse to execute a contract of sale and request a refund of money paid for the specified Goods. The Seller must return money paid for the returned Goods within 3 days from the day of return of goods.
6.2. Return of Goods of improper quality.
6.2.1. The Client can return the Goods of improper quality to the Seller and request a refund of money paid for these Goods during the guarantee period, expiration date or, if such period is not established, within a reasonable time not exceeding 30 days. The Client can also require replacement of the Goods of improper quality or elimination of defects.
6.2.2. According to paragraph 6.2.1 if the Client renounces the contract and refuses to demand the return of money paid for the Goods, money is refundable within 10 days from the date of receipt by the Seller of a written application and returned Goods from the Customer.
6.3. Return of money
6.3.1. Money is refundable in that way which Client used to pay for the Goods.
6.3.2. If return of money is not carried out simultaneously with the return of the goods by the Client, return of money is carried out by the Seller with the consent of the Client by transferring money to the Client’s bank account specified by the Client.
6.4. Procedure for violation of conditions for the assortment by Seller.
6.4.1. If Goods are transferred in violation of the condition of the assortment, the rules of article 468 of the Civil Code of the Russian Federation do not apply.
6.4.2. If Client found in the Order Goods not corresponding to the ordered assortment, Client can refuse from these Goods and require a replacement of the Goods in assortment corresponding to the Order at the time of transfer of an Order or require a return of money for actual unreported Goods.
6.4.3. Goods transferred to the Client in violation of the condition of the assortment are subject to return to the Seller. If the Client accepts these Goods, the Seller can request the Customer to pay for these Goods at a price established by the Seller for these Goods on the Site at the time of transfer of the Goods. If actually transferred Goods are absent in the Seller’s assortment presented on the Site at the time of transfer of the Goods, these Goods should be paid at the price agreed by the Seller.
6.4.4. Replacement of Goods not corresponding to the ordered assortment is carried out by the new Order processing.
6.4.5. If the Replacement of Goods is not possible, Seller notifies Client about it by sending a message to the email address specified by the Client at registration, money actually paid for untransferred Goods returns according to paragraph 6.4.6.
6.4.6. Money actually paid for untransferred Goods should be returned within 10 days from the date of receipt of a written application about return of money from the Customer. Money should be returned in a way which Client used to pay for the Order.
6.5. Procedure for violation of conditions for number by Seller.
6.5.1. The Client must check the number of Goods in the Order at the time of transfer of the Order. If Client found divergence in the number of the Goods in the Order at the time of transfer of the Order, the Client should take a formal note of divergence in number in the presence of Seller’s representative or Courier.
6.5.2. If Seller transferred to Client fewer Goods than determined by the Order, Client can accept the Goods in the part corresponding to the Order at the time of transfer of the Order and request to transfer the missing number of the Goods, or if missing Goods were paid, he can refuse an Order in part of missing Goods and request to return money paid for missing Goods.
6.5.3. Transfer of missing Goods is carried out by the new Order on agreement of the parties by Seller or Client, if the Client can grant a formal note of divergence in number, taken according to paragraph 6.5.1.
6.5.4. If Seller cannot transfer the missing Goods, Seller notifies Client about it by sending a message to the email address specified by the Client at registration, money actually paid for missing Goods returns according to paragraph 6.5.5.
6.5.5. Client’s money paid for missing Goods should be returned within 10 days from the date of receipt of a written application about return of money from the Customer and a formal note of divergence in number, taken according to paragraph 6.5.1. Money should be returned in a way which Client used to pay for the Order.
6.5.6. If Client violates the paragraph 6.5.1. in the preparation of a formal note of divergence in number, Seller has the right to refuse to satisfy Client’s claims on the number of the transferred Goods.
7. Intellectual property
7.1. All textual information and graphical images presented on the Site are the property of Seller and/or his counterparts.
8. Guarantees and responsibility
8.1. The Seller is not responsible for damage caused to the Client due to improper use of the Goods ordered on the Site.
8.2. The Seller is not responsible for the content and operation of sites containing links to the Site.
8.3. The Seller has the right to transfer his rights and duties arising from the relations with the Client to third parties.
8.4. The Client undertakes not to use ordered Goods for business purposes.
9. Confidentiality and protection of personal information
10. Other terms
10.1. The Law of Russian Federation applies to relations between the Client and the Seller.
10.2. If Client has questions or claims, he should contact the Seller’s Customer Service by phone or through the Feedback form on the Site. All arising disputes the parties will try to resolve through negotiations. If agreement is not reached, the dispute will be will be referred to the judiciary according to the legislation of the Russian Federation.
10.3. Recognition of invalidity of some positions of these Terms and rules by a court does not entail the invalidity of other positions.