LTD «Future.bike Kit» PRSN 5157746120659 INN (Tax ID) 7720324675 KPP 772001001 BIC 044525593 JSC « ALFABANK», Moscow, Russia, SWIFT ALFARUMM Bank INN 7728168971 Acc. currency US Dollar 4070 2840 9020 3000 0020 Corr./Acc. 36310481 Correspondent account bank CITIBANK N.A., 399 Park Avenue, New York, NY 10043, USA, SWIFT CITIUS33 Legal address: 111024, Moscow, 2-nd street of Enthusiasts, 5, building 1, room 9. Address of the office and service center: 11921, Moscow, Smolensko-Sennaya 27, building 7, office 11
1. TERMS AND DEFINITIONS
Products — electrification kits for bikes Eczo.bike, optional or spare parts for them are presented under this Agreement on www.eczo.bike.
Online store — the website www.eczo.bike, where Products are purchased online- Products selling under the sale and purchase Agreement based on customer`s familiarization with the product description offered by seller, which is contained in catalogs or presented on photos on medias on the Internet, as well as on TV channels and(or) radio channels, or on other resources, except the opportunity.
Seller — OOO «FUTURE. BIKE KIT» (OGRN 5157746120659), selling the Products online via Online store.
Public offer — published seller`s offer on the website of the Internet store (hereinafter referred to as Agreement) addressed to any individual to conclude a contract of purchase and sale according to significant conditions of the Agreement.
Buyer — is a legal person, who may order, purchase and use the Products for personal, home use and serve only that does not relate to business activities.
Order — duly structured Buyer`s request to deliver to specified address or get products in retail shops and pick up by themselves what was chosen on Online shop.
Promo campaign — an event which is held to raise the volume of sales, to attract customer`s attention to the products, to harden status on the market. Promo offers can be in form of gifts, prizes and discounts.
Delivery service — the third person delivers the ordered Products to Buyers in terms of the Agreement.
Pre-order — the order of the products by Buyer which are not on sale. Herewith the Seller specifies the due date of products arrival. Discount can be offered and other promotions as well.
2. GENERAL PROVISIONS
2.1 Ordering Products via Online shop or having paid the order (advance deposit or full cost) the Buyer agrees to the terms and conditions as stated herein.
2.2. The Agreement is the Public offer in accordance with the article 435 and part 2 the article 437 of the Russian Civil Code.
2.3 The relations between the Buyer and the Seller, the provisions of the Civil Code on the retail sale (§ 2 Chapter 30), as well as the Law of the Russian Federation 07.02.1992 N 2300-1 "ON PROTECTION OF CONSUMER RIGHTS» and THE RUSSIAN FEDERAL LAW OF SEPTEMBER 27, 2007 № 612 "ON APPROVAL OF RULES SALE OF GOODS REMOTE WAY» and other regulations under the Act are applied.
2.4 Published information on the Online shop website, except the Agreement, is for informative purpose only and under no circumstances is it Public Offer determined by provision of the article 437 of the Russian Civil Code.
2.5 Information about prices, kits and time of delivery are limited due to quantity of Orders and time-bound actions. Any queries of detailed and urgent information as well as the confirmation terms of Orders should be referred to the Seller or to authorized representatives.
2.6. The Seller reserves the right to make changes, delete, correct, add or update information placed on any webpages of Online shop. The Buyer undertakes to track such changes by themselves.
3.1 The Seller shall publish information about basic consumer characteristics of goods and the address( location) of the Seller on the Online shop webpage, manufacturing location, a full brand name, price and terms and conditions of purchasing, shipment, service life, expiration date and warranty, payment methods, promotions as well as period within the Agreement is in force.
3.2 The Buyer fills in the form of the Order (Pre-Order) by themselves on the Online shop website, specify: - quantity and the range of goods purchased - full name of the Buyer of Products - contacts - chosen way of receiving the Products - delivery address (if the delivery has been chosen) - payment method of the Order - upon Seller`s request, any other necessary information for the implementation of the commitments under this Agreement
3.3. After filling in the order (pre-order) form, the Buyer pays advance deposit in accordance to the valid terms of ordering
3.4. The Order (pre-order) is considered to be formalized after the Seller receives the deposit to the account, and the Seller sends the confirmation to the Buyer via e-mail or telephone number specified in the Order.
3.5. The Buyer may place an order (pre-order) by having signed the Agreement and paid the bill, which they received from the authorized person of the Seller.
3.6. The Seller reserves the right to terminate the contract and the order, if the customer already has not paid other Orders totaling more than 30 000 rubles.
4. PROCEDURE OF SETTLEMENTS FOR PRE-ORDERS IN 2017
4.1 Buyer pays the bill of orders in accordance with paragraph 3 of the Agreement in the following order: 4.1.1 The Buyer transfers (in cash) Prepayment (deposit) in the size of 200 (two hundred) euro during 3 (three) banking days from the moment of placing the Order (pre-order) or receipt of invoice, or pays with the credit card at the place of signature of the Agreement. 4.1.2. In accordance with the Agreement the Buyer transfers the remaining sum during 5 (five) days from the moment of the end of Kit development and testing but not later than October 31th 2017 after the receipt of invoice of the remainder.
4.2 The Buyer annuls Orders (Pre-orders) which are not paid within the time frame specified in paragraph 4.1 of the Agreement.
5. RIGHT OF CANCELLATION AND RETURNS
5.1. In accordance with the Agreement, transferring of goods is made at the following address: Moscow, Smolenskaya-Sennaya square 27, building 7, office 11, or at the Buyer's address (if the delivery is paid for) not later than October 31th 2017.
5.2. The Seller deliver Products to the Buyer (or delivery service, if the delivery is paid for) within 5 business days from the day 100% of the prepayment is received but not earlier than the invoice issued of the whole price, which confirms the end of the development and testing of the kit by the Seller.
5.3. When delivering the Product the Seller gives the Buyer the whole necessary and reliable information about ordered Products conforming to statutory law, other normative legal acts and requirements for content and methods of such information in retailing.
5.4. In accordance with paragraph 1 article 157 of the Russian Civil Code, placing a pre-order obligates the Seller to deliver the products under terms for receipt. In case the receipt of Products are canceled or delayed indefinitely, the Seller guarantees to refund the deposit to the Buyer in the method the Buyer used to pay.
5.5. The Buyer reserves the right to cancel the order of the kit and refuse to pay the second part of the price, thus the Buyer gets a refund within the month after sending the written statement of a refusal to the Seller via e-mail(firstname.lastname@example.org) . A refund is done by disbursement of appropriate amount to the bank account or another account of the Buyer specified in the written statement. If the Buyer paid with the credit card, refunds will be sent to the card which was used to pay for the kit.
5.6. The Buyer must check the completeness of Products during goods receiving and examine in order to ascertain defects.
5.7. The Buyer reserves the right to require verification of goods and its characteristics or a demonstration of the use of Products if it is proper to the Product.
5.8 Cancellation and returns are carried out in accordance with the Act of THE RUSSIAN FEDERAL LAW FEBRUARY 7, 1992 № 2300-1 "ON PROTECTION OF CONSUMER RIGHTS" and "ON APPROVAL OF RULES SALE OF GOODS REMOTE WAY BY THE RUSSIAN FEDERAL LAW OF SEPTEMBER 27, 2007 № 612
5.9 The Buyer can withdraw from the purchase within 14 days (unless the Seller determines another frame of time), without having to provide a reason, and have the goods refunded. The Buyer must return the product undamaged to the Seller. If the Buyer has withdrawn from the purchase, the seller is under obligation to refund all payments that may have been collected.
5.9.1. In the return of the Buyer's funds the Seller reserves the right to retain a sum of money if a price of the product has been decreased due to total or partial usage or a loss of marketable state or other circumstances.
5.10. The Buyer`s demand of the product return or cancellation must be granted, if the Product has not been used, all characteristics are saved and there are proofs of purchasing it from the Seller. The product must not be included in the list of non-return products.
5.11. If the product was delivered with inappropriate quality, if the defects have not been discussed by the seller, the buyer may request the following: a) Replacement of the defective product for the one of appropriate quality. b) Comparative price reduction c) Free addressing deficiencies of the Product d) Cost-recovery to address deficiencies
5.12 If the product was delivered with inappropriate quality, if the defects have not been discussed by the Seller, the Buyer may request the following: a) Replacement of the defective products for the one of appropriate quality. b) Comparative price reduction c) Free addressing deficiencies of the Product d) Cost-recovery to address deficiencies
Terminate the Agreement and demand refunds. The Buyer must return the products with inappropriate quality.
5.13. The Buyer reserves the right to change highly technical or high value products in case of breach of demands to its quality (incorrigible defects that cannot be rectified without charges or takes times, or defects which come out even after rectifying).
6.1. THE WARRANTY IS VALID FOR 12 MONTHS
6.2. THE WARRANTY specified in paragraph 6.1 of the Agreement is to start from the product delivered to the Byer
6.3. If the Buyer is unable to use the Product due to circumstances beyond the seller's control, the warranty period starts working when circumstances are eliminated.
6.4 Warrantee terms 6.4.1 In accordance with the legislation and obligations, the Seller undertakes to repair the Product or change components for appropriate quality within the warranty period. The period of warranty is reckoned from the date specified in this Agreement. 6.4.2. Warranty repair is made in the service center eczo.bike at the address: Moscow, Smolenskaya-Sennaya square` 27, building 7, office 11, or in the nearest authorized center by the Seller to the Buyer, which is valid during warrantee period. 6.4.3. To deliver spare parts to/from the service center, shipping expenses must be covered by the Buyer. Repairing of the Product may be made on the Buyer`s territory by prior agreement. The client shall pay the specialist to come. Upon delivery of goods for warranty service, a period of repairing may not last longer than 60 days. 6.4.4. The Seller is not liable for any damages concerning usage or inability of usage of the Products.
6.5. The Seller does not warrant in following cases: 6.5.1. Damages caused by transportation, storage or operational regulations was breached. The instruction of operational regulations of your Product is available to download on the website. 6.5.2. Damages caused by unauthorized attachments, or modification, any other abuse or misuse by the Buyer, including improper installation. 6.5.3. Mechanical damages 6.5.4. Damages caused by disasters such as fire, flood, wind, and lightning
6.6. The warranty does not cover 6.6.1. The package of products and additional accessories. 6.6.2. Minor defects or deviations from the specifications which do not affect the value and functionality of the product. 6.6.3 Decrease of a battery capacity. 6.6.4. Consumables (gears, rubber goods, bearings)
7. MAINTENANCE REQUIREMENTS
7.1. To flush a radiator, cleaning is required without washer pressure.
7.2. Changing the bearings every 50 000 km (free in Service center)/
7.3. When the kit is not used, the battery charge should be checked every 3 months and if it reaches up to 5% from the maximum, the battery is required to be fully charged
8. OPERATING CONDITIONS
8.1 Operation is not allowed if: - the product immersed under water (cannot be washed with karcher). - there is high shock or pounding. - there are stabbing mechanical effects that cause the breakdown of the core. - the temperature is more than 50 degrees and less than minus 20 degrees Celsius. - direct impact of high level (100 W) of the electromagnetic radiation of any kind.
8.2 Suspecting that electrical wiring is defective, refer to the SC for the diagnosis.
9. LIMITATION OF LIABILITY
9.1. The violation of any requirement of paragraph 2.2.2. of the Agreement more then one month by the Seller, the Buyer reserves the right to terminate the Agreement.
9.2. The violation of any requirement of paragraph 3.3. of the Agreement by the Seller, the Buyer has the right to demand payment of fines. Late fee - delayed payment of an invoice will incur a 0.1%per day late fee. 9.3. The Seller shall not be liable for any special, incidental, consequential, indirect, or punitive damages, including without limitation, lost revenues, loss of use of the goods, loss resulting from improper storage, processing, padding/cushion, delay in delivery or shipment or errors in shipment or labeling, loss of data, or the cost of any substitute goods or related equipment.
10. CONFIDENTIAL INFORMATION
10.1. To purchase the Product in the shop Online, the Byuer provide the Seller with the personal data: - Full name of the Byuer - contacts - delivery address (if delivery chosen)
10.2 Providing the personal data, the Buyer agrees that the provided data is used for its direct purpose.
10.3. If the Buyer does not want their personal data to be used, he must claim this to the Seller. In this case, all data from the Buyer( login and password included) will be deleted from the customer base of the Seller and the Buyer will not be able to place orders on the Online shop.
10.4 The Buyer uses the data: - for Buyer`s registration on the Online shop; - for compliance with obligations -for estimation and analyzes of the Online shop working - for the election of winners in contests, which are held by the Seller
10.5. The Seller reserves the right to send e-mails with point-of-sale materials to the Buyer. If the customer refuses to receive such e-mails from the Seller, he must change the relevant settings in the client area or send a request to the Seller`s customer service.
10.6 The Seller is obliged not to diffuse a customer`s data. Providing dealers and third parties with the Buyer`s information for compliance with obligations is considered a breach under the Agreement.
10.7. It is not considered a violation of disclosure obligations in accordance with the valid and applicable requirements of the Russian legislation.
10.8. The Seller is not liable for information provided by the customer on the Online shop in a public form.
10.9. The Seller is not liable for damages, which a customer may get in the result of diffusing of his/her login and password to third parties.
11. OTHER TERMS AND CONFITIONS
11.1. Disputes and disagreements that may arise in the performance of this Agreement shall be settled through negotiations between the parties. The term of consideration of claims is 15 working days.
11.2. If disputes can not be solved with negotiating, it will be a subject to settlement in the court under the current statutory procedure of Russian Federation.
11.3. Nullification of any term of the Agreement by the court does not nullify other terms and conditions.
11.4. All other matters that go beyond the scope of this Agreement shall be governed by legislation of the Russian Federation.