PUBLIC OFFER
ROYAL PHONE, the online shop located on the domain name royal-phone.ru and represented by Dmitry Sergeevich Mikhailov, an individual entrepreneur registered under OGRNIP (Primary State Registration Number) 319169000194634, publishes the Public Offer about the remote sale of Goods.
1. Terms and Definitions
The below definitions shall be construed in accordance with this provision. Unless provided by this provision, a term shall be construed in accordance with the Russian law.
1.1.1. The Seller is Dmitry Sergeevich Mikhailov, an individual entrepreneur registered under OGRNIP 319169000194634;
1.1.2. “Website” means a complex of electronic documents available for viewing by Customers on the Internet at the address royal-phone.ru;
1.1.3. “Customer” means an individual or a legal entity that signed the Agreement with the Seller under the terms specified in the Offer.
1.1.4. “Individual Order of Goods” means actions of a Customer performed by them using the Seller’s Website with a purpose to purchase Goods made according to an individual order (a designer’s solution), according to the pre-order coordinated with the Customer, a sketch presented on the Seller’s website or via an Operator.
1.1.5. “Goods” means goods and services provided in the catalog on the Website;
1.1.6. “Pre-Order” means actions of a Customer performed by them using the Seller’s Website or via an Operator with a purpose to express the Customer’s intention to purchase some Goods in the near future, which are now getting ready for production or sale.
1.1.7. “Order Form” means the information sent by the Seller to the Customer, which contains the following data: the name of Goods, about which the Seller and the Customer signed the Agreement, the number of Goods, the cost per Goods’ item, the total cost of the Order, the shipping terms, the shipping period, the payment terms, the date of the Order, the Goods’ pre-sketch form, and other information at the Seller’s discretion.
2. Subject of the Public Offer
2.1. The Seller undertakes to sell and the Customer undertakes to accept and pay for the Goods at the prices specified in the description of Goods on the relevant page of the Seller’s Website, or in the way agreed by the Parties by ordering Goods via an Operator under the terms of this Offer, the current version of which is published on the Seller’s Website. The terms shall constitute a public offer under Article 437 of the Russian Civil Code (hereinafter referred to as the “Offer”).
3. General Provisions
3.1. The Customer’s Order of Goods placed on the website of the Online Shop or confirmed via an Operator means that the Customer agrees to all terms and conditions of this Offer.
3.2. The Administration of the Website of the Online Shop has the right to apply changes to the Offer without notifying the Customer.
3.3. The validity period of the Offer is unlimited, unless otherwise specified on the website of the Online Shop. The validity period of the Offer regarding specific, separate positions of Goods from the assortment list of the Goods presented on the Seller’s Website may be limited by the availability period of relevant positions in stock of the Seller or by the terms of this Offer.
3.4. The Seller provides the Customer with reliable information about the Goods and their general consumer characteristics, as well as with the information about the warranty period on the website of the Online Shop royal-phone.ru, including the Information section.
3.5. The Agreement is considered concluded from the moment of acceptance – payment for the Goods.
3.6. By carrying out the acceptance in the manner specified by Clause 3.5. of this Offer, the Customer confirms that they have read, agreed and fully and unconditionally accepted all terms and conditions of the Agreement in the way they are provided in the text of the Offer, including the annexes to the Offer, which are an integral part of it.
3.7. If the Parties decided that the Goods supplied upon this Agreement are the goods with individually determined characteristics created according to an individual order of the Customer, which cannot be reproduced on a mass scale for other persons, the Customer has no right to refuse of the Goods of proper quality from the moment of payment, as the Goods are made according to an individual order, have individually determined characteristics and may be used only by the Customer who purchases them, or by the person for whom they are purchased.
3.8. The Agreement cannot be withdrawn.
3.9. The Agreement does not require to be signed and/or sealed by the Seller and the Customer and remains in full force and effect at that. All notifications (messages, documents, acts, bills, etc.) sent according to this Agreement or in relation to it, will be considered as sent properly, if they are sent as scanned copies via email. The date of notification (message, documents, acts, bills etc.) receipt is the date of sending the corresponding letter.
3.10. All text information and graphical images located on royal-phone.ru are the property of the Seller.
3.11. All informational materials presented on the Seller’s website have an advisory character and cannot transfer reliable information about certain features and characteristics of the Goods, such as: color, shape, size, and package in a full measure. In case the Customer has questions regarding the features and characteristics of the Goods, before placing an Order, the Customer shall ask for a phone consultation at 8 (800) 775-01-65
3.12. The Buyer agrees that the Seller may assign the performance of the Agreement to third parties. However, the Seller shall bear full responsibility for the performance of the Agreement. The rights and obligations to the Buyer that arise from the Agreement shall be assigned directly to the Seller.
3.13. The Seller has the right to amend the terms of the Offer unilaterally and without a prior notification. The new version of the Offer comes into effect the moment it is published on the Website.
4. Price for Goods
4.1. The prices for each item of Goods are given on the website of the Online Shop royal-phone.ru. In case an individual order of Goods is placed, the final price may be announced by the Operator and transferred to the Customer in the Order Form for a confirmation via email.
4.2. The Seller has the right to change the price for any item of Goods ex parte.
4.3. In case the price for the ordered Goods changes, the Seller undertakes to inform the Customer about the change in the price for Goods within two (2) business days.
4.4. The change of the price for the Goods paid by the Customer is allowed only in case the volume or character of performed work on the order’s production (including an individual one) are changed; the contractual price is subject to change and is coordinated by the Parties separately.
4.5. The Seller specifies the cost for the delivery of Goods on the website of the Online Shop or provides it to the Customer when the order is placed by the Operator.
4.6. The obligations of the Customer to pay for the Goods are considered fulfilled from the moment when the funds reach the Seller.
4.7. The Customer pays the price according to the Agreement by sending funds to the Seller’s account or by giving cash to the Seller’s cash desk, via Internet acquiring or in other payment ways foreseen by the applicable law of the Russian Federation.
4.8. Payment method: an advance payment of one hundred thousand rubles (RUB 100,000) after the Customer confirmed the design and it is ready to be used in the production process. The payment currency is the Russian ruble.
5. Order Placement
5.1. The order of Goods is made by the Customer via the Operator at 8 (800) 775-01-65 or via the service of the website of the Online Shop royal-phone.ru.
5.2. After confirming the order of the selected Goods, the Customer provides the Operator with the necessary information according to the order specified in Clause 5.3. of this Offer.
5.3. During the order placement, the Customer undertakes to provide the following information:
5.3.1 First name, last name, patronym of the Customer or the person specified by them (receiver), name of the legal entity and their representative;
5.3.2 Full bank details for issuing an Invoice (if necessary);
5.3.3 Address for the delivery of Goods (if the delivery is to the Customer’s address);
5.3.4 Email address;
5.3.5 Contact phone number.
5.4. If the Seller needs any additional information, they have the right to request it from the Customer. In case the necessary information is not provided by the Customer, the Seller does not bear responsibility for the Goods selected by the Customer.
5.5. The Seller fills in and sends the Customer the Order Form with all order data including the Goods’ pre-sketch, and the Customer undertakes to get acquainted with it and provide the payment for the Goods. The Order completed by the Customer is a message of the Customer about their intention to purchase the Good. The fact that the Order has been placed by the Customer, and that the message about the intention to purchase Goods has been sent by the Seller to the Customer’s email address with the Order Form.
5.6. The Buyer may pay for the order only after they have received the prepared Order Form.
5.7. When placing an Order via an Operator, this Offer is sent to the Customer along with the Order Form. The Customer is obliged to confirm that they have read the conditions of the Offer and the Order Form by sending a confirmation in a reply. Without this confirmation, the payment for the Order is not possible.
5.8. For the Goods transferred, the Customer receives a receipt from the payment system, a sales receipt or a UTD (Universal Transfer document), a receipt from the payment system, a cash register receipt, or an IDN (Integrated Delivery Note), and are issued with the Product being transferred to the Buyer.
5.9. The Seller shall begin to produce the Good (fulfillment of the Order) within one business day since the advance payment payment envisaged by Clause 4.8 was received.
6. DELIVERY, TRANSFER OF GOODS TO THE CUSTOMER, RETURN
6.1. If the Sales Agreement of Goods is concluded in a remote way with the condition of delivering the Goods to the Customer, the Seller is obliged to deliver the Goods in the period specified in the Agreement to the place specified by the Customer within the territory of the Russian Federation.
6.2. The place of the delivery of Goods is given by the Customer upon placing the Order for the purchase of the Goods.
6.3. The delivery time of the Goods to the Buyer includes the processing and manufacturing time, the delivery time, and is specified in the Order Form.
6.4. The information about the Goods, the Warranty Terms for the Goods are brought to the Customer’s notice in the documents attached to the Goods. All this information can also be clarified with the Operator. After receiving the Goods, the Customer needs to read the conditions of the warranty provided and sign the Warranty Card attached. The necessary information about the Goods:
The image and color of the Goods presented on the sketch / image may slightly vary from the original product;
When an individual design and some designs of the devices presented by the Seller are being selected, not all functions (NFC and Apple Pay) may be preserved in the device, on which the designer’s elements will be installed, due to the use of several layers of the material or metal;
After the installation of the design elements on the device, the device is not waterproof and the moist on the device is not allowed.
After the Customer receives the Goods, they are obliged to sign a Universal Transfer Document within 3 (three) business days, which confirms the receipt of the Goods by them, and send a scanned copy of the signed document to the Seller,
6.6. The return of the Goods occurs:
6.6.1. Within seven (7) days after the Goods are transferred to the Customers, if the marketable conditions of the Goods, the consumer attributes of the Goods, as well as the document confirming the fact and conditions of the purchase of the Goods are preserved. In case of such refusal of the Goods, the Seller returns to the Customer the amount of money paid by them for the Goods, excluding the expenses of the Seller for bank fees and the delivery of the returned Order from the Customer, in the period provided for by the law of the Russian Federation (in case all required documents are provided by the Customer). The date of return will be considered the date when the funds are withdrawn from the Seller’s account. When the prepayment paid by the Customer by a bank transfer is returned, the bank fees paid by the Customer in this regard, are not refunded by the Seller.
6.7. Along with specifying the requirements in accordance with Clause 6.6. of this Offer, the Customer undertakes to return the Goods specified in the Order, to the Seller. The fact of the return of the Goods is confirmed by the return act / delivery note, signed by the Seller and the Customer.
6.8. In accordance with Clause 6 of the List of Technically Sophisticated Products approved by Resolution No. 924 of the Russian Government dated 10 November 2011 and Clause 11 in the List of Non-food Products of Adequate Quality Excluded From Return or Exchange for a Similar Product of other Shape, Form, Size, Design, Color, Accompanying Set of Parts/Accessories approved by Resolution No. 55 of the Russian Government dated 19 January 1998, smartphones, phones, watches are considered technically sophisticated and, thus, are excluded from return or exchange.
7. Application of Laws. The Procedure for Claims and Disputes Processing
7.1. The Customers’ claims are processed by the Seller in the order and period established by the applicable law of the Russian Federation.
7.2. The Customer’s claims can be sent to the Seller via email client@royal-phone.ru within two (2) business days from the date when the disputable situation appeared.
7.3. During the processing of disputable situations, the Seller has the right to request from the Customer all necessary documents regarding the subject matter. In case the documents are not provided by the Customer within two business days after the day of request, the claim is not subject to processing.
7.4. The Seller and the Customer, considering the character of the provided service, in case disputes and disagreements connected to the provision of services appear, undertake to apply the pre-trial dispute resolution procedure. In case the pre-trial dispute resolution is not possible, the interested party has the right to apply for its resolution to court that will process it in accordance with the Russian law.
7.5. On all issues that are not regulated by this Agreement, the parties are governed by the applicable Russian law.
7.6. The recognition of the invalidity of any provision in this Agreement and rules by the court does not cause the invalidity of other provisions.
8. Liability of the Parties
8.1. The Seller shall not assume responsibility for inappropriate use of Goods by the Customer, purchased according to the Agreement.
8.2. The Seller has the right to transfer their rights and obligations regarding the completion of the Customer’s Order to third parties, remaining responsible for the provision of the Goods ordered by the Customer.
8.3. The Seller has the right to record phone conversations with the Customer. In accordance with Article 16(4) of the Federal Law On Information, Information Technologies and the Protection of Information, the Seller undertakes to prevent the attempts of an unauthorized access to the information about the Customer and/or its transfer to the persons that have no direct relation to the completion of Orders, as well as detect and timely prevent such attempts.
8.4. The proprietary right for the Goods specified in the Order, as well as the risk of their accidental loss or damage are transferred to the Customer from the moment when the Goods are transferred to them.
8.5. The Seller is not responsible for the content and reliability of the information provided by the Customer upon placing the Order. The Seller shall be excused for the violation of the delivery terms in case the Customer provides unreliable data about them upon placing the Order.
8.6. The Customer is responsible for the reliability of the provided information upon placing the Order.
8.7. The Customer shall not to use the Goods purchased on the Seller’s Website for commercial purposes.
8.8. The Seller’s obligation to transfer the Buyer the Goods included in the Order shall arise only after the Buyer and the Seller have entered into the respective sale and purchase of Goods agreement as defined in Clause 3.5 of this Offer.
8.9. If the Buyer fails to make an advance payment in line with Clause 4.8 of the Offer in full and in due time as specified in the Order Form, such failure shall be deemed a unilateral repudiation of the Offer, which means the termination of the sale and purchase of Goods agreement entered by and between the Buyer and the Seller unilaterally (at the Buyer’s initiative) and terminates:
the Seller’s obligation to sell Goods to the Customer on the prepayment terms;
the Customer’s right of claim against the Seller to sell the Goods to the Customer on the prepayment terms.
8.10. When placing a pre-order, the Customer agrees with the fact that the possibility to manufacture the Goods will be obvious only when a new model is issued and reviewed by the Seller’s employees, as well as with the fact, that the release of the new model to civil circulation within the territory of the Russian Federation may not happen for the reasons that do not depend on the Seller. In this case, the prepayment provided by the Customer may be used at the Customer’s discretion – a full refund of the paid sum or a choice of another model from the ones offered by the Seller.
9. Consent to the Processing of Data
9.1. By agreeing to the conditions of this Offer, the Customer also gives a consent to the Seller to the processing of the Customer’s personal data by the Seller in accordance with Federal Law No. 152- FZ On Personal Data. The consent is given by performing concluding actions by the Customer when they press the “I agree to the conditions of the Offer” button upon placing the Order on the Seller’s website in order to let the Seller fulfill the Agreement signed with the Customer, or gives a consent in a way specified in Clause 7 of this Offer.
This condition covers the following information transferred to the Seller by the Customer: last name, first name, patronym, gender, date of birth, email address, Customer’s phone number, passport details, bank details, information provided by the Customer in accordance with the terms of this Offer (hereinafter referred to as “Personal Data”). The consent is provided to let the Seller perform actions towards the Customer’s Personal Data for the purposes provided for in this Offer, including the collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), redaction, blocking, termination of the Personal Data, as well as to establish contacts between the Seller and the Customer, including for the purposes of the promotion of goods, works, services in the market (with the use of, including but not limited to: SMS, email, postal and telephone communications) considering the requirements of the applicable law of the Russian Federation. The consent to the processing of personal data provided by the Customer is valid:
until the Customer withdraws the consent in an electronic form by going to the page on the Seller’s website at the open link with the title “Unsubscribe”, contained in the Seller’s electronic message, and confirming their wish to unsubscribe from the newsletter on the opened Website page;
until the Customer withdraws the consent in a simple written form by sending such withdrawal to the Seller’s address. The Seller undertakes to stop processing the Customer’s Personal Data and terminate the Personal data within the period under thirty (30) days from the date when the Seller receives a written or electronic consent withdrawal from the Customer.
9.2. This Offer establishes obligations of the Seller and the Operator of the Seller’s Website to keep in confidence and ensure the protection of the privacy of the Personal Data that the Customer provides upon placing an Order to purchase Goods.
9.3. The Personal Data allowed for processing within the framework of this Offer is provided by the Customer in the accordance with Clauses. 5.3. and 5.4. of this Offer.
9.4 The Seller’s Website protects the Data that is automatically transferred during the view of ad blocks or visits of the pages, where the statistic system script (“pixel”) is installed:
IP address;
Information from cookies;
Information about the browser (or another program that provides access to the show of ads);
Access time;
Address of the page where the ad block is located;
Referrer (address of the previous page).
9.4.1. The disabling of cookies may cause a non-possibility to access the parts of the Seller’s Website that require authorization.
9.4.2. The Seller’s website collects the statistics about IP addresses of its visitors. This information is used with the purpose to detect and solve technical issues, to monitor the lawfulness of payments.
9.5. Any other personal information that is not mentioned above (the history of purchases, used browsers and operational systems etc.) shall be carefully stored and not distributed.
9.6. The Customer’s Personal Data may be transferred to authorized institutions of state power of the Russian Federation only on the grounds and in the order established by the law of the Russian Federation.
9.7. The Seller may record calls for quality assurance. The Seller shall prevent an unauthorized access to the information obtained from these calls and shall not transfer it to third parties that are not related directly to the Seller.
10. Final Provisions
10.1. The Seller has the right to transfer, by various means, its rights and obligations arising from its relationship with the Buyer to third parties.
10.2. The Website and provided services may be temporarily unavailable (in full or in part) due to preventive and other types of maintenance, or due to other technical reasons.
11. Seller’s Bank Details
11.1. Beneficiary name: IP (Individual Entrepreneur) Mikhailov Dmitry Sergeevich
11.2. Address: 9 Vitebskaya St., Moscow, 121354
11.3. INN: 165506107372
11.4 Beneficiary account: 40802810300180000313
11.5. Bank: PJSC «BANK URALSIB», Moscow
11.6 Correspondent account: 30101810100000000787
11.7. BIK: 044525787
