BASIC DEFINITIONS
Issue date: 01/03/2016 Effective date: 01/03/2016
Polyurethan, LLC produces a wide range of cast polyurethane: replacement parts for custom vehicles, industrial equipment, car tuning, fasteners. Also the company manufactures household maintenance products and plastic windshields for snowmobiles and motor vehicles.
The terms which are defined below are essential part of that offer. The following terms have the following meanings:
TERMS AND DEFINITIONS
The Supplier – Polyurethan, LLC (TIN 5408236724, OGRN 1055473110846), a limited liability company under the laws of Russian Federation. That company is engaged in distance selling of goods.
The Buyer – every private person or legal entity who accepts that offer under its terms and conditions.
The Recipient – private person or legal entity, referred to as receiver of a letter, parcel or package.
The Goods – the goods, which the Supplier sells to the Buyer on the terms of the Contract according to the Buyer’s order.
Website – the Supplier’s website (polyurethan.ru).
Goods selection – the searching for goods and accumulating a list of items for purchase with the help of online catalogue. That list must be based upon the qualities of the specific car. The responsibility rests with the Buyer.
The Order (or the Orders) – accepted demand of the Buyer for supplying of the goods according to the concluded Contract.
Acceptance – full and absolute acceptance of the conditions of the Contract by the Buyer. That acceptance must be confirmed with the consent to personal data processing and with the transfer of the Goods from the shopping cart with the help of the button “place an order”.
The Delivery – if the Buyer selects the method of shipment by the cargo company or by post, then the Supplier must at the request of the Buyer sign a shipping contract with the third party based upon regular conditions for the account and risk of the Buyer and upon the conditions which are described in the Contract.
Courier company – a third party, which delivers the goods ordered by the Buyer.
The Storage – a time from the moment when the Supplier is ready to hand over the goods to the Buyer to the moment when the Supplier hands over the goods to the Buyer.
Expectancy – a time period within which the Supplier usually execute orders of the Buyers.
Refusal to supply – reasonable refusal to supply the ordered goods prior to the expected expiration of the order’s execution date.
The shopping cart – website resource which helps the Buyer to accumulate the Goods before placing an Order.
Reconciliation report – an accounting document which affirms status of reconciliations between the parties.
Document (or Documents) – basic documents, which are filled in during the handover of the Goods.
Full cost of the order – the sum of the cost of the Goods from the catalogue and delivery cost.
Request – any written request of the Buyer to the manager of the Supplier concerning the problems connected with the Goods or the Order. That request is sent by e-mail which is mentioned in the Contract
Claim letter – a claim to return or mark down the Goods which the Buer received according to the conditions of the Contract.
The Return – the return of the Goods to the Supplier with the refund in accordance with the decision of the Supplier after the claim assessment.
Manager – designated person which represents the Supplier.
1. GENERAL TERMS
1.1. General public offer does not require signing and has the same legal value as the signed document – according to the Сivil Code of Russian Federation.
1.2. The following information is the Polyurethan, LLC (hereinafter referred to as the Supplier) Offer (hereinafter referred to as the Offer) to any private person or legal entity (hereinafter referred to as the Buyer) to negotiate a Contract (hereinafter referred to as the Contract) under the following terms.
1.3. In accordance to the section 437 of the Civil Code of Russian Federation (hereinafter referred to as CCRF) that document is the public offer to the private persons. If the private person agrees with the following terms he must make a payment for the Goods and for the delivery under the terms described in that offer. In accordance to the section 438.3 of the CCRF, the payment of the Buyer is the acceptance of the Supplier’s Offer which is equal to the negotiation of the sale and purchase Contract under the terms of that Offer and that Website.
1.4. All the prices are in Russian Federation Rubles, Euro and United States Dollars. All the mutual payments are made in Rubles, Euro and United States Dollars.
1.5. All the essential terms of the sale are in that Contract. After the acceptance, which the Buyer confirms on the Supplier’s Website, that document is equal to the Supply contract (in accordance to the section 506 of CCRF).
1.6. The Buyer agrees to all the terms from that Contract when he places an Order.
1.7. The Supplier can change every information about the Goods on the Website in his sole discretion without previous notice.
1.8. On the Website the Supplier demonstrates the Goods with the help of photos which are the property of the Supplier.
1.9. The Buyer places his Orders via the Supplier’s Website polyurethan.ru/en.
2. THE DURATION AND MODIFICATION OF THE OFFER’S TERMS
2.1. The Offer becomes effective from the day of its publication on the Supplier’s Website polyurethan.ru and is valid until the day of its revocation by the Supplier.
2.2. The Supplier has a right to make changes of the Offer’s terms and/or revocate the Offer in any time at his own discretion.
2.3. If the Supplier makes any changes in the Offer, these changes are effective from the day of publication of the new text of Offer on the Supplier’s Website, only if another date does not described in the new text.
2.4. The acceptance of the Offer by the Buyer produces the Supply contract (according to the sections 438 and 506 of CCRF) under the terms of the Offer.
2.5. The fact of placing an order is an unconditional fact of Buyer’s acceptance of conditions of that Contract. The Buyer who bought the Goods at the Supplier’s Website (i.e. who has placed an order) is treated as a person who entered into relations with the Supplier under the conditions of that Contract.
2.6. If the Supplier revocates the Offer during the effective period of the Contract, the Contract will be uneffective from the day of revocation, if another terms are not described by the Supplier when he revocates the Offer.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Buyer’s rights:
3.1.1. The Buyer’s rights are protected by the current legislation of the Russian Federation and that Contract.
3.1.2. Thе Buyer has right to receive information about promos and changes in the Supplier’s rules and procedures.
3.1.3. Thе Buyer has right to ask the Supplier to negotiate discount agreements or to postpone the payment.
3.1.4. Thе Buyer has right to place an order for any Goods that are in stock. He can order every item in any quantity. Exceptions to that rule are applied if the item was taken out of production.
3.1.5. Thе Buyer has right to ask the Manager to receive an additional information about the Goods.
3.2. The Buyer obliged to:
3.2.1. Get acquainted with content and the terms of that Offer and with another conditions described on that Website, among them are prices of the items.
3.2.2. Respect the terms of the Contract.
3.2.3. Transfer his personal data in fulfillment of the Supplier’s obligations. These are data which provide information for the identification of the Buyer and are sufficient to make the deal with the Supplier and make a delivery of ordered Goods to the Buyer:
– Name and Surname
– Address
– Phone
3.2.4. Place an order correctly, selecting the items which he needs.
3.2.5. To provide information about login and password in the process of registration at the Polyurethan’s online store. Personal identification of the Buyer helps to avoid unauthorized activities of the third party on behalf of the Buyer. The Buyer is responsible for every negative implications if login and password were transferred to the third party.
3.2.6. Be responsible for the strictness and rightness of the information provided in the process of registration.
3.2.7. Make a payment in the 5 working days after the day of placing an order. Receive Goods from the Supplier.
3.2.8. Four times a year make a reconciliation of payments with the Supplier (for legal entities).
3.3. The Supplier’s rights:
3.3.1. The Supplier’s rights are protected by the law of Russian Federation and that contract.
3.3.2. To collect personal data of the Buyer, which are provided to the Supplier, and protect their confidentiality according to the law.
3.3.3. When the Buyer accepts that Offer, he agrees and let Polyurethan, LLC to process his personal data. In that offer processing personal data means:
– collecting of these data;
– classification;
– holding;
– specification;
– anonymization;
– blocking;
– deletion.
3.3.4. The Supplier can send personal data to the cargo company. He does it to deliver ordered goods to the Buyer.
3.4. The Supplier is obliged to:
3.4.1. Respect the terms of the Contract.
3.4.2. Send to the Buyer via e-mail information about order processing.
3.4.3. Send to the Buyer information about payment and delivery.
3.4.4. Give the Goods to the Buyer or Cargo Company selected by the Buyer during 3 days after placing of the Order.
3.4.5. The manager is obliged to send via e-mail to the Buyer information about the Goods which he might need to make a decision about purchase.
4. FORCE MAJEURE
4.1. The parties will not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is beyond the reasonable control of a party. These failures include:
– earthquakes, floods, temperature fluctuations, blizzard conditions;
– war, counter-terrorism operation, epidemic or all-state strike;
– quarantine, embargo, transportation restriction.
4.2. The Supplier tells the Buyer about force majeure conditions on the website polyurethan.ru
The deadline for the fulfillment of the obligations of that Contract is changed according to these conditions. If that changes will take about 1(one) month, then the Parties must discuss the new order of the fulfillment of the obligations of that Contract.
5. LIABILITY OF THE PARTIES, CONSIDERATION OF DISPUTES AND QUALITY OF THE PRODUCTS
5.1. The parties are liable for failure to perform the Contract obligations or improper fulfillment of Contract obligations according to the law of Russian Federation.
5.2. All the disputes are settled by means of negotiations. Or they are settled in Arbitrazh court (Novosibirsk).
5.3. The Supplier does not have the liability for wrong goods selection made by the Buyer. The Buyer selects the goods by himself.
5.4. If the Buyer collects the goods at the Supplier’s warehouse, he is held liable for the damages inflicted by his car to the Supplier, his property and to the third parties which are situated at the Supplier’s territory.
5.5. If the Supplier makes a delivery to the Buyer with the help of the cargo company, the obligations of the Supplier are fulfilled after he gives the goods to the cargo company.
5.6. The Supplier shall supply the goods of the proper quality to the Buyer. These goods must live up to manufacturer’s standards.
5.7. The Supplier guarantees the quality of the supplied goods under observance of the rules of delivery, storage, build procedure and exploitation. The Buyer has a right to make a claim to the Supplier if he can prove that the goods insufficiency was made before they were handed over to the Buyer (the goods should have its original appearance and packing, they should not have additional inscriptions or marks).
6. RULES FOR MANIPULATING THE CLAIMS, REFUND AND GRANTING OF A GUARANTEE
Claims are divided into claims of faulty goods and of cross-picking (item numbers mismatch in the order and on actual basis, item numbers mismatch on the item and on the wrapping). The Supplier examines all the claims of faulty goods from the Buyer.
6.1 Claims of the faulty goods:
6.1.1 If the Buyer finds hidden faults (and it has been established that they existed before the goods were handed over to the Buyer) – the faults that could not be found during the acceptance procedure – the Buyer can make a claim to the Supplier within the warranty period from the acceptance procedure date. All the reclamations must be in written form, preferably by e-mail.
6.1.2 If the fault was found before or in the process of installation, that reclamation becomes Guarantee reclamation and is reviewed on a basis of the rules of granting of a guarantee.
6.2 Claims of cross-picking:
6.2.1 The Supplier reviews claims of cross-picking within 10 days from the date when the goods were handed over to the Buyer or to the Recipient.
6.2.2 The Supplier does not accept the claims if cross-picked goods has the marks of installation or is shopsoiled.
6.2.3 In the case of cross-picking the Supplier has the right to make a refund or to make an exchange to the goods which were in the original order.
6.3 The return of goods
6.3.1 After receipt of the claim the Supplier has a right to carry out examination of the goods at its own discretion and expense. Following the results of that examination he can make a refund or dismiss that claim. If an expert describes that case as non-warranty, then the Buyer makes a payment for the work of an expert.
6.3.2 The Supplier is not responsible for the goods which were selected by the geometrical dimensions or outer appearance of the like product of the manufacturer. These goods are not “the goods of inadequate quality”. In that case the Supplier does not make exchange of the goods or receive the returned goods from the Buyer.
6.3.3 The Supplier can decline the return of the goods of the proper quality if the Buyer does not fulfill these conditions:
– safety of the marketable appearance of the goods;
– package integrity;
– there is manufacturer’s sticker on the package;
– there are no any external stickers or marks on the package.
6.3.4 The refund is made on the basis of the documents which avow the purchase of these goods and written claim for a refund.
6.3.5 The refund is made by the method of payment which is similar to the method the Buyer used when he made a purchase. Or refund can be made to the Buyer bank account which is mentioned in his claim.
6.4 Rules of granting of a guarantee
6.4.1 Guarantee service life of the goods is 1 (one) year. It begins at the day of purchase – when the Buyer or the cargo company selected by Buyer takes the goods. The Buyer must have documents which avow the date of purchase.
6.4.2 The guarantee does not cover:
– plastic products;
– fasteners;
– iceshoes;
– household maintenance products.
6.4.3 The Buyer has a right to reject supplied goods within 7 (seven) days from the day of purchase.
6.4.4 If the Buyer rejects the goods, the Supplier should refund to him the amount paid in accordance with the Contract, with the exception of the Supplier’s costs of transporting the returned goods, not later than 10 days after the Supplier receives the goods from the Buyer and a written statement on the reason for the return of the goods.
6.4.5 The Buyer has the right to replace the defective product with a similar product, or to any other with a corresponding recalculation of the purchase price, or to return the goods and receive money for it after reviewing the documents and making positive decisions by the company’s employees.
6.4.6. The period of consideration by the Supplier of the claim from the Buyer is 30 days.
6.4.7 The warranty for products does not apply in such cases as:
– damage to parts during an accident or inaccurate operation,
– damage caused by improper installation,
-exploitation wear in terms exceeding the warranty period.
6.4.8 In case of return of a defective product, it is mandatory to send the photographs of the defective part and the document confirming the fact of the goods purchase from the Seller by e-mail.
6.4.9 If the positive decision is taken on the guarantee claim, the Buyer must agree on the return procedure with the Supplier.
6.4.10 The Buyer shall bear all costs for the Goods and documents.
6.4.11 In case of non-compliance with the conditions for sending refunds (refund has not been agreed in advance, etc.), the package will not be accepted. In this case, claims are not accepted by the Supplier.
THE SUPPLIER
Legal address: Россия, 630055, г.Новосибирск, ул. Мусы Джалиля, д.9 // 630055 Russian Federation, Novosibirsk, 9 Musy Dzhalilya street
Сurrent address: Россия, 630055, г.Новосибирск, ул. Мусы Джалиля, д.9 // 630055 Russian Federation, Novosibirsk, 9 Musy Dzhalilya street
Tel./fax: (383) 363-55-94, 332-04-89
e-mail: [email protected]
TIN/RRC 5408236724 / 540801001
Primary State Registration Number 1055473110846
CUSTOMER’S PERSONAL DATA PROCESSING POLICY OF POLYURETHAN LLC
That customers’ personal data processing policy (hereinafter – Policy) of Polyurethan LLC. acts in relation to for all information which this website can get about Customer.
That Polyurethan LLC. customers’ personal data processing policy (hereinafter – Policy) acts in relation to all information which this website can get about Customer.
1. TERMS AND DEFINITIONS
1.1 The Policy uses these terms and definitions:
1.1.1. “Website administration” – employees authorized to manage the website, who act on behalf of it, who organize or perform personal data processing, and also define objectives of personal data processing, content of these data, operations which are made during personal data processing.
1.1.2. “Personal data” – every information which directly or indirectly is connected with a private person (personal data subject).
1.1.3. “Personal data processing” – every operation or operations which are committed with personal data with or without automation tools. These operations include collection, recording, categorization, collecting, storage, updating, extracting, using, transfer (circulation, access providing), anonymization, blocking, deletion and erasing of personal data.
1.1.4. “Personal data confidentiality” – a mandatory demand for Website administration to prevent deliberate personal data circulation without personal data subject consent or another legal foundation.
1.1.5. “User of the Website” (hereinafter User) – a person who has an access to the website through Internet, who uses that site for his own aims.
1.1.6. “Cookies” – a small fragment of data which was sent by the web-server and left in storage on the user’s computer. Web-client or web-browser sends these cookies every time to web-server in the HTTP request when user tries to open the page of website.
1.1.7. “IP-address” – an unique web address of the host in computer web, which is built with IP protocol.
2. GENERAL RULES
2.1. When User uses that website it means that he is agree with that Policy and terms of personal data processing.
2.2. If he is not agree with that Policy then he must stop to use that website.
2.3. That Policy is mandatory only on that website. Website administration does not control and does not have any responsibility for another sites, which are connected with that website by links.
2.4. Website administration does not check the authenticity of the personal data, which were sent by User of the website.
3. OBJECT OF THE POLICY
3.1. That Policy lays down Website administration’s obligations of deliberate non-disclosure of personal data, which were received from User with various requests of that administration (while he is registering on website, placing an order, subscribing on notifications etc.)
3.2. The User sends the personal data which are authorized for processing under that Policy via filling in information on website. Usually they include that information:
3.2.1. User’s Name and Surname.
3.2.2. User’s phone number.
3.2.3. User’s e-mail.
3.2.4. User’s address.
3.2.5. Passport data.
3.3. Website administration also supports the security of personal data which automatically are received by website:
IP address;
Information from cookies;
Information about browser (or another program which helps to use that website);
the list of visited pages;
the access time;
the referrer (the address of the last visited page;
Etc.
3.3.1. If the cookies are disabled then the user may have a problems with access to the website.
3.3.2. The website collects statistics about IP-addresses of its users. That information is used for technical issues identification and management or for control of the operations correctness.
3.4. Every other personal information which is not described before (the story of the purchases, user’s browsers or OS, etc.) is not subject to intentional disclosure. The exceptions are described in 5.2 and 5.3. of that Policy.
4. THE PURPOSES OF PERSONAL DATA COLLECTING
4.1. Website administration can use personal data for these purposes:
4.1.1. The registered User’s identification for placing an order and/or signing the Contract.
4.1.2. Granting User’s access to personal website pages.
4.1.3. The establishment of User’s feedback. The feedback includes sending the requests concerning use of the website or provision of services, and User’s requests handling.
4.1.4. User’s localization for safety protection and fraud prevention.
4.1.5. To confirm that personal data which were sent by User are accurate and complete.
4.1.6. Creating User’s account for making purchases. Website administration will do it only if User agrees to create that account.
4.1.7. Sending to User information about his order.
4.1.8. Execution the orders. Also personal data can be used to execution of the contracts with cargo companies for the goods delivery to the customers.
4.1.9. Payment processing and receiving. Tax or tax remission confirmation. Challenging of the payment, challenging of the User’s right to receive credit line.
4.1.10. Providing effective customer support and tech support if any problems arise when User uses that website.
4.1.11. Providing to User the products updates, special offerings, information about prices, news and other information from website or from the partners of website. All that information will be sent only with the consent of User.
4.1.12. Making an advertisement with the consent of User.
4.1.13. Granting to User access to another websites or services of the partners of that website for the purpose of receiving their offering, updating or services.
5. METHODS AND TERMS OF PERSONAL DATA PROCESSING
5.1. User’s personal data processing is made without restrictions of time by any lawful method, which includes method of processing in the information systems with or without computer equipment.
5.2. User agrees that Website administration can hand personal data over to third party, for example to Cargo company to execute User’s order, which was placed on website under the Public offer of Polyurethan LLC.
5.3.User’s personal data can be hand over to competent public authority only on the grounds which are described by existing legislation.
6. OBLIGATIONS OF THE PARTIES
6.1. User is obliged:
6.1.1. To send true and correct information about personal data, which he needs to use that website.
6.1.2. To update or to make a supplement to his information about personal data if that information is changed.
6.1.3. To take measures for secure access to his personal data which are stored on our website.
6.2. Website administration is obliged:
6.2.1. To use received information only for the purposes which are described in clause 4 of that Policy.
6.2.2. Not to disclose User’s personal data (the exceptions are described in 5.2 and 5.3. of that Policy).
6.2.3. To block personal data of specific User from the moment of his or his representative request or competent authority of protection of the rights of subjects of personal data for the period of examination in the case of untrue personal data or inappropriate actions discovery.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Website administration site is responsible for the intentional disclosure of the User’s Personal data in accordance with the existing legislation, with the exception of cases described in 5.2., 5.3. and 7.2. of this Policy.
7.2. The Website administration is not responsible in case of loss or disclosure of personal data if that information:
7.2.1. Became public property before its loss or disclosure.
7.2.2. Was received from a third party until it was received by the Website administration.
7.2.3. Was obtained by third parties through unauthorized access to the website files.
7.2.4. Was disclosed with the consent of the User.
7.3. The User is responsible for the legality, correctness and truthfulness of the provided Personal data in accordance with the current legislation.
8. DISPUTES SETTLEMENT
8.1. It is mandatory to file a claim (a written proposal for the voluntary settlement of the dispute) before applying to the court with a lawsuit for disputes arising from the relationship between the User of the site and the Website administration/
8.2. The recipient of the claim within 30 days from the date of receipt of the claim, should notify in writing the applicant of the claim about the results of the examination .
8.3. If the agreement is not reached, the dispute will be referred to the judicial authority in accordance with the existing legislation.
8.4. The existing legislation applies to this Policy and the relationships between the User and the Website administration.
9. ADDITIONAL CONDITIONS
9.1. The Website administration has the right to change that Policy without consent of the User.
9.2. The new Policy will enter into force from the moment of its placing on the website, unless otherwise provided by the new edition of the Policy.