E-STORE SERVICES USE AGREEMENT - Chelyabinsk watch factory «Molnija»
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The official online store of the factory / Warranty 2 years

E-STORE SERVICES USE AGREEMENT

Dear User! Thank you for visiting our Website!

Please, read this Agreement carefully before you start using the services of our E-Store’s Website molniya-watch.com. This Use Agreement (hereinafter referred to as the Agreement) shall govern the relationship between the Buyer (Client) and the Administrators of molniya-watch.com E-Store (hereinafter referred to as the Seller or E-Store) associated with the use of www.molniya-watch.com services.

No special actions are required from the Buyer, such as signing a contract to be able to use the E-Store, to view available products, to make calculations and place orders.

The Agreement establishes the terms and conditions for the provision and use of the E-Store services, the rights and obligations of the Parties, as well as the E-Store’s liability in case of violation of the terms and conditions.

When you start using the E-Store, it means that you enter into this Agreement and fully accept all its terms.

1. TERMS AND DEFINITIONS

1.1. The Company is a Limited Liability Company “Mitan Technical Resources” (Mitan Technical Resources LLC)

1.2. The User is a person who can have access to applications, service and information placed on the Website.

1.3. The Buyer is an individual or a legal entity who accepted this Agreement.

1.4. The Website is a webpage of the E-Store located at https://molniya-watch.com, as well as a number of web-pages associated with this address which are also accessible by the User, any other Company’s Websites containing a link to this Agreement.

1.5. Agreement stands for this Agreement between the User and the Company, which establishes the Website use rules, including graphic images and audiovisual products, design elements and personalization tools, text information and documents, computer programs and download files, any other works, objects or materials of the Website, as well as the terms and conditions for the User’s posting information and materials in the open sections of the Website.

2. GENERAL

2.1. The E-Store offers you its services under the terms stated below in this Agreement.

2.2. This Agreement shall govern the use of the Website services, and any other relations between You and www.molniya-watch.com. By using any Website service or functions, you express your unconditional consent to all the terms of this Agreement and undertake to comply with them or immediately stop using the services www.molniya-watch.com and leave the Website. All services www.molniya-watch.com currently in force, as well as any changes and/or additions of new ones are the subject of this Agreement.

2.3. This Agreement, as well as all the information available in this E-Store (including the price), are for information purposes only, and under no circumstances are a public offer in accordance with the Article 453 of the Civil Code of the Republic of Armenia. The E-Store is operating in accordance with the current legislation of the Republic of Armenia in the field of consumer rights and trade rules, and the E-Store’s services are offered to you under the terms that are the subject of this Agreement.

2.5. By placing an order by phone, Internet, fax, mail or e-mail, you express your prior consent to the E-Store’s processing and use of your personal data in accordance with Article 9 § 3 of the Republic’s Armenia Law “On Personal Data Protection” of 18.05.2015, this consent can be revoked only if you notify the E-Store thereof in writing, at least 120 days before the expected date when the E-Store should stop using your personal data.

2.6. Nothing in the Agreement can be understood as establishing agency relations, association relations, joint venture relations or any other relations between you and the E-Store, that are not expressly provided for in this Agreement.

2.7. The agreement and the relationship between you and the E-Store arising in connection with the services provision and the use of the E-Store services, take place in compliance with the legislation of the Republic of Armenia and in within its framework. You and www.molniya-watch.com agree that all possible disputes in connection with this Agreement and the relationship between you and the E-Store will be resolved according to the Armenian law, including the Law “On Consumer Rights Protection”. If the court recognizes any provision of the Agreement as invalid or non-enforceable, it does not entail the invalidity or non-enforceability of other provisions of the Agreement.

2.8. www.molniya-watch.com reserves the right to revise this Agreement without any special notice, the revised version of the Agreement comes into force from the moment of posting it, unless otherwise provided by the new revision of this Agreement. The current version of the Agreement is always available on this page.

2.9. This Agreement should be considered in the form in which it is published on the Website, and should be applied and interpreted in accordance with the legislation of the Republic of Armenia.

3. SUBJECT

3.1. The Seller undertakes to submit to the Buyer the Product ordered by the Buyer, and the Buyer undertakes to pay for that.

3.2. Each Party guarantees to the other Party that it has the necessary legal competence and capacity, as well as all the rights and powers necessary and sufficient to conclude this Agreement and fulfill all its conditions.

4. PRODUCT INFORMATION

4.1. The products demonstrated in the E-Store are usually available from the stock or from the partners of www.molniya-watch.com. Availability of the products may change due to warehouse technical problems or malfunctions with the E-Store’s applications.

4.2. If the products are out of stock and the order cannot be completed, the E-Store’s administrator shall contact the Client and, if possible, shall propose different delivery time, or replacement with another product or refund (if the product has already been paid). If the payment has already been made, the Customer shall have his or her money returned within 10 calendar days.

4.3. The product photos are only images and may differ from the real appearance of the product. The descriptions accompanying the product do not claim to be exhaustive and may contain typos.

4.4. At the request of the Buyer, the E-Store manager shall provide (by phone or by e-mail) any other information that, according to the Buyer, is necessary and sufficient for him to make a decision on purchasing the product.

4.5. The E-Store may change the product prices on the Website without any prior notice. The E-Store sells products in real time (24/7), thus, prices and availability may be changed without prior notice. This means that the Product is booked for you only after the Order is processed by the manager of www.molniya-watch.com, by this Agreement you are informed thereon.

4.6. In case the price of the product booked by the Buyer (also if an error associated with the price occurred), the E-Store manager shall immediately inform the Buyer (by phone or e-mail) to confirm or cancel the order. If it is impossible to contact the Buyer, this order is considered cancelled.

4.7. Any products specifications are a subject to change without notice.

4.8. The E-Store www.molniya-watch.com cannot guarantee the accuracy, reliability and completeness of the information in its main and additional Websites. Therefore, you cannot fully trust the information published in the above-mentioned Websites until you have received a corresponding written notification from us. You have the right to send all comments regarding any incorrect product description to the Customer Support Service at: molniya.watches@gmail.com.

4.9. In accordance with the valid standard 218-2001 of Armenia, the E-Store does not guarantee that the color, shape and other characteristics of the ordered Product shall match the actually received Product, combined by any attribute or combination thereof. If the actually received Product does not match your expectations, you have the right to return it, adhering to the rules for the return of conforming Product, but no later than within 7 days after you have received the booked Product (Order) – see paragraph 8.

4.10. The Products have all the necessary certificates and fully comply with the regulations and requirements of the legislation of the Russian Federation.

5. ORDERING

5.1. The products offered by the E-Store are sold to both individuals and legal entities.

5.2. The Buyer confirms that he/she is 16 years of age or older.

5.3. After the desired product has been selected, the Buyer shall specify the required data (last name, first name, contact phone number, delivery address, postal code).

5.4. When placing the order, the Buyer shall specify the real information necessary for the order execution. The Seller bears no responsibility if the Buyer has specified incorrect or unreal data, as well as no responsibility for the consequences resulting from this misrepresentation.

5.6. To make a pre-order, the Buyer must provide the Seller with the accurate, real and complete information on the address to which the order should be delivered, as well as the Buyer’s contact phone numbers and e-mail.

5.7. If you provide erroneous information, or the E-Store www.molniya-watch.com has a reason to believe that the information you have provided, is incomplete and/or unreliable, then www.molniya-watch.com reserves the right to reject your order.

5.8. After the Seller receives the order, an order copy is automatically sent to the Buyer’s email address. An order copy is not a booking confirmation and/or its sale requirements. A letter from the E-Store manager is a booking confirmation.

5.9. If the Product is out of stock, the E-Store manager shall notify the Buyer thereof (by phone or e-mail).

5.10. In case the Product is out of stock, the Buyer has the right to choose another product with the corresponding adjustment of the price difference, or to cancel the order.

5.11. The Buyer has the right to reject the ordered Product at any time before it is sent to the Buyer, with the prior notification of the E-Store (by phone or e-mail).

5.12. In case the Product has been sent during the night hours or on a non-working day or public holiday, the order is considered to be received by the Seller at 10 o’clock in the morning on the next working day.

5.13. The Seller is not responsible for the Buyer’s failure to receive an electronic notification of the order receipt by an e-mail due to the malfunctioning Internet connection, as well as for the other reasons beyond the Seller’s control.

6. TERMS OF DELIVERY

6.1. Products ordered at the E-Store, as per the agreed quantities and scope, are delivered throughout the territory of Armenia, as well as to the neighboring countries.

6.2. The total delivery time is individual, depending on the final destination to which the cargo should be delivered.

6.3. The Products can be shipped to the Buyer’s address after receiving the payment.

6.4. After the Product has been shipped to the Buyer, the Buyer shall receive the tracking code to make it easier to track the shipped order.

6.5. The Product ownership and the risk of accidental destruction of the Product pass from the Seller to the Buyer at the moment when the Buyer has accepted the Product.

6.6. The Seller is not responsible for the Armenian Post operations and the services of transport companies, including the delay of the delivery.

7. PAYMENT

7.1. The payment methods are specified in the “Payment” page of the Website.

7.2. In case of a non-cash payment, the Buyer makes an advance payment for the product in the amount of 100% (one hundred percent) by transferring the amount to the settlement account of the E-Store.

7.3. The payment is deemed to have been completed when the funds have arrived at the account of the Seller.

7.4. Orders remaining due within ten business days are cancelled.

7.5. The payment for the Product is made only in Armenian drams.

8. CONFIDENTIALITY AND SECURITY

8.1. The Product can be exchanged and returned in accordance with the current legislation of the Republic of Armenia.

8.2. The Buyer should send an inquiry on the return of the purchased Product to e-mail.

8.3. Within 14 days after the receipt, the Buyer has the right to reject the Product. The return of non-conforming products is possible only if its resaleable condition, consumer properties, complete set of accessories and original package, as well as a document certifying the fact and conditions of purchase of the specified product are preserved.

8.4. Highly technical products, including watches, can be returned after they are checked by a service center, upon issuing a report on the good working and mechanical order of the product.

8.5. If the Buyer rejects the purchased Product, the E-Store shall return to the Buyer the amount paid for the Product, less the cost of the delivery of the Product to the Buyer (if available) and the cost of the technical inspection at the service center, no later than ten days after the Seller has received the returned Product.

8.6. The Buyer shall pay for the delivery of the returned Product to the Seller.

8.7. Should, after the return of the Product, an expert report reveals any incompliance with paragraphs 8.3-8.4 of this Use Agreement, the amount shall not be refunded to the Buyer, and the returned Product remains the Buyer’s property. The Buyer shall cover all the costs associated with the storage and return of the Product.

9. FORCE MAJEURE CIRCUMSTANCES

9.1. In case of force majeure, the E-Store has the right to impose limitations on the acceptance and execution of the orders.

9.2. Force majeure circumstances are considered to be extraordinary and insurmountable circumstances that have arisen independently of the will and desire of the Parties, which the Parties cannot foresee or which they cannot avoid.

10. LIABILITY

10.1. The User undertakes to use the E-Store services only within the law limits and for the purpose of the purchasing product, and not for the purpose to cause any damage to the E-Store.

10.2. The User, in accordance with this User Agreement and the legislation, bears full responsibility for the damage caused to the Seller or third parties when using the E-Store.

10.3. The Company strives to ensure, but does not control and does not guarantee the confidentiality and safety of any information posted on the Website or received from the Website. The Company takes reasonable measures to prevent unauthorized disclosure of the information posted by the User on the Website to the third parties, but shall not be held liable for such disclosure. In this sense, the submission of the information to the Website shall mean the User’s consent to any reproduction, distribution, disclosure and other use of this information. By posting information and materials, the User also guarantees that he/she has all the necessary rights and powers for this, taking into account the terms of this Agreement, and posting these materials does not violate the legally protected rights and interests of the third parties, international treaties and the current legislation of the Republic of Armenia.

10.4. In case the User fails to comply with the terms of this Agreement, or any third party submits a claim to the Company in connection with the information posted by the User on the Website, the User undertakes to settle these claims independently, as well as to reimburse the Company for all costs and losses incurred thereby, including the refund and compensation of fines, legal costs, and expenses.

10.5. The Company shall not be held liable if the User is visiting, or using any external resources (third-party Websites), links to which the E-Store’s website may contain. The Company is not responsible for the correctness, reliability, and security of any information, materials, recommendations and services posted by the external resources. The use of the external resources is the User’s voluntary decision, taken solely at his/her  own discretion and risk.

10.6. The Company strives to ensure the accuracy of the information posted on the Website, but is not responsible for any inaccuracy and/or unreliability of the information, as well as for the failures in the operation of the services provided through the Website. The User agrees that the Company is not responsible and has no direct or indirect obligations towards the User in connection with any possible or incurred losses or damages related to any content of the Website, intellectual property, goods or services available thereon or obtained from external Websites or resources, or in connection with any expectations of the User, which arose in connection with the use of information posted on the Website and external resources.

In no case, including, but not limited to the User’s inattention or negligence, the Company is not responsible for any damage (direct or indirect, accidental or natural), including, but not limited to, loss of data or benefits associated with the use or inability to use the Website, the information available thereon, files or materials, even if the Company or its representatives have been notified about the possibility of such a loss. If the use of the Website leads to the need for the additional maintenance, correction or repair, as well as the need to restore data, all associated costs are paid by the User.

10.7. The User is solely responsible for any information and materials posted on the Website. The Company does not initiate the placement of the specified information, does not choose the recipients of the information, has no influence on the content and completeness of the posted information, and also does not know and cannot know whether posting this information violates the current legislation of the Republic of Armenia, however, the Company has the right to monitor, view and/or delete any information and materials posted by the User on the Website.

In case of posting any information and materials, the User does not become a co-author of the Website and waives any claims to such authorship in the future. The Company does not pay the User any royalties or any other remuneration either during the validity period of this Agreement or after the expiration of this period.

10.5. All information on the Website is provided “as is”, without any warranty, direct or implied. The Company fully, to the extent permitted by law, waives any liability, direct or implied, including, but not limited to, unobvious warranties of fitness for use, as well as guaranty of the legality of any information, goods or services obtained or acquired through this Website.

10.6. The User agrees that all materials or services of the Website or any part thereof may be accompanied by advertising, which is not initiated and controlled by the Company. The User agrees that the Company does not bear any responsibility and has no responsibility in connection with this advertising.

11. MISCELLANEOUS

11.1. Buying goods at the E-Store www.molniya-watch.com is possible only in compliance with the terms of this Agreement.

11.2. Buying goods in the E-Store www.molniya-watch.com, means that you unconditionally and fully accept the terms of this Agreement.

11.3. Should any provision of the Agreement be recognized by court as invalid or unenforceable, it does not entail the invalidity and/or non-enforceability of other provisions of the Agreement or the entire Agreement.

11.4. All disputes and disagreements arising from or following from the Agreement should be resolved through negotiations on the basis of a written request from the Buyer. After the Buyer’s claim has been received, the Seller should satisfy the claim within 30 (thirty) days or send the Buyer reasonable explanation for refusal. If the dispute has not been resolved by sending claims within 60 (sixty) days, either party has the right to apply to the court in order to resolve the dispute.

11.5. Should the Buyer breach the terms of the Agreement, the Seller’s failure to act, shall not deprive the Seller of the right to protect its interests in the future, and shall not constitute the Seller’s waiver of the Seller’s rights, in case the Buyer makes similar breaches in the future.

11.6. The Seller has the right to terminate the Agreement if the Buyer breaches its terms or on any other grounds provided by the current legislation of the Republic of Armenia.

11.7. Any materials, files and services demonstrated on the Website cannot be partially or fully copied in any form or way, without having received written permission from the Company in advance, except for the cases specified in this Agreement. If the User reproduces materials of the Website, including copyrighted works, a link to the Website should be added, and the text of the link must not contain any false, misleading, derogatory or offensive information. It is not permitted to translate, process (modify), make any changes to the materials of the Website, or take any other actions, including the deletion or modification of information in order to make notices about copyright and copyright holders less visible.

11.8. Access to information in the protected sections of the Website is only granted to the registered Users who have received a password to access the protected sections of the Website. The password should not be shared with the other persons, and the User shall be held fully responsible for any damages caused to the User, the Company or third parties as a result of the User’s password being intentionally or unintentionally shared with another person. The User is responsible for keeping the password as a secret, and for any use of the Website with a help of his/her password.

11.9. It is prohibited to use any materials of the Website from the protected sections of the Website or any of its subsections by reproducing them in any form, in any way.

11.10. The current version of this Agreement is available online. The Company reserves the right to unilaterally change the terms of this Agreement at any time. These changes come into force 2 (two) days after the posting the new version of the Agreement on an Internet Website. If the User does not agree with the changes, he/she must remove all the materials of the Website which he or she has a legal right to use, and then stop using the materials and services of the Website. Your continuous access to this Website shall mean that you fully accept the amended Agreement, and it is your own responsibility to regularly review this Agreement and the additional terms or notices posted on the Website.

11.11. If the User is a member of the Company’s partner program and the parties have entered into a relevant contract, the provisions of that contract in relation to the use of the Website shall prevail over the terms of this Agreement.

12. THE USER’S RESPONSIBILITIES

12.1. The User agrees not to perform any actions which could be deemed as violations of Armenian law or international law, including those in the area of intellectual property, copyright and/or related rights, as well as any actions which lead to or may lead to a disruption in the normal operation of the Website and its services.

12.2. Any identity tools, including trademarks and service marks, as well as logos and emblems displayed on the Website pages are the intellectual property of their holders. The User of the Website is prohibited from reproducing or otherwise using these identity tools and/or elements of them without receiving prior written permission from the respective copyright or trademark holders.

13. TERMS AND CONDITIONS FOR PROCESSING AND USING PERSONAL DATA

By accepting the terms of this Agreement, the User agrees to:

13.1. provide his/her personal data, acting voluntarily, based on his/her free will and on his/her own interests, the personal data includes: Last name, First name, patronymic, email address, contact phone number, date of birth, region, city, organization, position, – for their processing.

Purpose of personal data processing:

●      to provide the Website’s services for the User;

●      sending notifications about the Website services;

●      preparing and sending response to the User’s requests;

●      sending information about the Company’s events;

●      sending information about the Company’s goods and services

The list of actions with personal data that the User agrees to includes: acquisition, systematization, accumulation, storage, clarification (updating, revision), depersonalization, transfer to third parties for the above purposes, as well as any other actions provided for by the current legislation of the Republic of Armenia, performed by both automated and non-automated methods.

The Company agrees and undertakes to take all the necessary measures to protect the User’s personal data from the unauthorized access or disclosure.

This consent is valid until the User sends a corresponding notification by e-mail molniya.watches@gmail.com.

13.2. By the email address which the User specifies when signing in, by advertising and information messages about the Company’s and its partners’ goods and services.

14. OTHER PROVISIONS

14.1. The use of materials and services of the Website, as well as posting the User’s materials on the Website, is subject to the current legislation of the Republic of Armenia. All possible disputes under this Agreement or related to it shall be settled in accordance with the current legislation of the Republic of Armenia at the place where the Company is registered.

14.2. Nothing in the Agreement can be understood as establishing agency relations, association relations, joint venture relations or any other relations between you and the E-Store, that are not expressly provided for in this Agreement.

14.3. Should the court recognize any particular provision of the Agreement as invalid or unenforceable, this shall not entail that other provisions of the Agreement are invalid.

14.4. Should any of the Users breach the terms of the Agreement, the Company’s failure to act shall not deprive the Company of the right to protect its rights or to protect its copyright and materials of the Website protected by the law.

The User confirms that he/she has read and understood all the paragraphs of this Agreement and accepts them without limitation.

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© 2024 MOLNIJA WATCH COMPANY LLC
+374 41 288986 Yerevan city, Komitas avenue 51 building, flat  51/4

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