Terms of purchase and sale in the Pitonmoto store

This document is the official public Offer of the Pitonmoto store (further referred to as the "Seller") and contains all the essential terms of the purchase and sale agreement (further also referred to as the "Agreement").
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, in case of acceptance of the conditions set out below and payment for services, the legal entity or individual making the acceptance of this Offer becomes the Buyer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the Offer is equivalent to concluding a contract on the terms set out in the Offer), and the Seller and Buyer jointly – the parties to the Offer agreement.
In connection with the above, please carefully read the text of this offer to conclude an agreement (Offer). If you do not agree to its terms and conditions, the Seller suggests that you refuse to enter into a contract and use the Seller's services.

Terms and definitions

1. Offer is the official offer of the Seller to conclude a purchase and sale agreement and contains all the essential terms of the purchase and sale agreement.
2. Order – determination by the Buyer of the subject of the contract in the form of specific items of Goods indicated on the Seller's website located on the Internet at: www.pitonmoto.com
3. Acceptance – full and unconditional acceptance of the Offer by performing the actions specified in Part 3 of this Offer. Acceptance of the Offer implies the conclusion of an agreement (hereinafter referred to as the "Agreement") on the terms set out in the Offer.
4. Online store / website hosted on the Internet at: www.pitonmoto.com, who sells goods via the Internet.
5. Buyer - any natural and legal person who has accepted the Offer, and thus becomes the Buyer of the Goods under this agreement.

Subject of the Agreement

1. The subject of this Agreement is the sale of Goods to the Buyer on the basis of the latter's Order left on the Seller's electronic website, posted on the Internet at: pitonmoto.com. Carried out by means of the website functionality through the registration of the Buyer's Order and its payment in accordance with the website functionality and the Buyer's choice.
2. The essential terms of the Contract of Sale of Goods, such as price, quantity, characteristics, order and term of payment, term of transfer of goods from the Seller to the Buyer, are determined in the Buyer's Order issued by means of the website functionality. The seller is allowed to place Customer Orders by means of a phone call.
3. The Seller provides the Buyer with complete and reliable information about the Product, including information about the main consumer properties of the Product, the place of manufacture, as well as information about the warranty period and shelf life of the Product on the website of the Online store.

Acceptance of the Offer

1. The conclusion of the Contract by the Customer on the terms provided for in this Offer is carried out by performing the following actions:
1.1. Placing an Order by the Buyer for a certain product on the Seller's Website or by phone.
1.2. Payment for the Goods (by clicking the "Place an order" button, the Buyer agrees to the terms of this Agreement). The price of the Product is indicated on the Seller's website, as well as price information can be obtained by phone: +7 (912) 666-30-31 | +7 (922) 144-44-69
2. This Agreement is considered concluded and enters into force for the Parties from the date of payment for the services by the Customer. Payment is made in the amount of 100% prepayment. The date of payment is considered to be the date of receipt of funds to the Seller's current account, or deposit to the Seller's cash desk, or the date of receipt of funds to the Seller from partner banks when the Buyer uses borrowed funds.
3. The Buyer has the right to confirm or cancel the Purchase Order if the price is changed by the Seller after placing the Order.

Making An Order

1. After reviewing the list of Goods posted on the Seller's website, selecting the appropriate Product, the Buyer must place an Order according to the form posted on the Website in the appropriate section of the Website (hereinafter referred to as the "Application"). When making an Application, all background information can be obtained by phone: +7 (912) 666-30-31 | +7 (922) 144-44-69. At the same time, all telephone conversations between the Seller's representative and the Buyer can be recorded.
2. To place an Order, the Buyer must provide the following information:
• FULL name;
• Contact phone number;
• Contact e-mail;
• Delivery address.
3. The Seller confirms receipt of the Order by assigning a number to the Order and issues an invoice for payment (if payment was not made by the Buyer, using the website functionality, in ways that do not require invoicing).
4. The Buyer pays for the Goods under this Agreement in the amount established by the Seller.
5. Payment for the Goods is carried out in one of the following ways: 1) by depositing cash at the Seller's cash desk, or by transferring funds to the Seller's courier (if available from the Seller); 2) by paying with electronic money; 3) by paying through payment terminals; 4) by paying to the Seller's bank account; 5) in other ways by prior agreement with the Seller.
In case of making a payment using a bank card, the Buyer is recommended to use a bank card issued in the name of the Buyer. In the case of a refund of the paid funds, the refund is made using the same details as the payment was received, and on the basis of a personal statement from the person in whose name the bank card was issued. Payment will not be accepted if the Buyer finds violations of the terms of payment established by this agreement and the legislation of the Russian Federation.
6. The Buyer pays for the Goods, thereby confirming acceptance of the terms (acceptance) of the Seller's Offer.
7. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for the Product chosen by the Buyer.
8. When placing an Order through the Operator (clause 4.1. of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.
9. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an Order.
10. The Buyer is responsible for the accuracy of the information provided when placing an Order.

Obligations and rights of the Seller

1. The Seller undertakes to: 5.1.1. To ensure the transfer of the Goods in accordance with the terms of this Agreement.
1.2. Provide the necessary information for placing an Order. The information is posted on the Contractor's Website.
1.3. Provide consulting support regarding the Goods being sold, the procedure and rules for placing an Order by phone or e-mail +7 (912) 666-30-31 | +7 (922) 144-44-69, Pitonmot@yandex.ru.
1.4. In case of changes in the terms of the Agreement (price, delivery date, place of delivery of the Goods and other changes), notify the Buyer at least 2 (two) calendar days before the start of such changes.
1.5. To return the paid funds to the Buyer in case of complete cancellation of the Order by the Seller.
1.6. To maintain the confidentiality of the Buyer's information, except in cases provided for by the current legislation of the Russian Federation.
2. The Seller has the right to:
2.1. Change the cost of the Goods, the delivery date and time of shipment of the Goods, as well as other terms of this Agreement. The Seller notifies the Buyer of these changes by posting information on the Seller's Website, while the Buyer is obliged to familiarize himself with these changes. Notification of changes in the time and date of shipment of the Goods can also be sent to the Customer no later than 2 (two) days before the start of Shipment, by sending a corresponding letter to the contact e-mail or by telephone call to the contact phone number specified by the Buyer. Notification of changes to other terms and conditions is also posted on the Seller's website.
2.2. Take photos and videos during the sale / shipment of Goods and use the materials obtained during photo and video shooting at your discretion. The Seller owns the exclusive copyright, as well as copyright-related rights to the specified materials, the use of the materials obtained during photo and video shooting is possible only with the written permission of the Seller.
2.3. Refuse to sell the Goods to the Buyer if the Customer violates the payment deadlines or does not provide the necessary documents.
2.4. Unilaterally terminate this agreement in case the Buyer fails to fulfill the obligations provided for in clause 6.1 of this Offer.
2.5. To provide goods delivery services with the involvement of third parties.
2.6. The Buyer agrees that in case of violation by the Buyer of the clauses of Section 6 of this Agreement, the Seller has the right to recover from the Buyer the actual losses incurred in connection with the fulfillment of its obligations, since the Buyer's actions will be considered a unilateral waiver of the obligations assumed.

Obligations and rights of the Buyer

1. The Buyer undertakes to:
1.1. Independently and in a timely manner familiarize himself with the cost of the Goods, the terms of delivery, before placing the Order, as well as with changes to these conditions, with the current version of the Agreement every time he visits the Site after accepting the Offer.
1.2. When placing an Order for the sale and delivery of Goods by the Seller, fill in the necessary mandatory fields on the Order page indicating the selected delivery location and reliable information.
1.3. Timely, in accordance with the terms of this Offer, to pay for the Contractor's services under the Offer agreement.
1.4. In case of transfer of the right to receive the Goods to a third party (if this right is represented in a specific order), no later than 2 (two) business days before delivery of the Goods, notify the Seller and provide in writing all the necessary data of the new Buyer. According to clause 4.2 of this Agreement. In case of transfer of the right to receive the Goods to a third party, such person is also subject to the terms of this Agreement.
1.5. If it is impossible for the Seller to deliver the Goods to the place and/ or time after the Buyer changes the place and/ or time, the Buyer has the right to demand a refund of the paid funds in full.
1.6. Immediately notify the Seller of changes in their contact details in writing by e-mail.
2. The Buyer has the right to:
2.1. Receive the Goods in accordance with the terms of this Offer.
2.2. To receive the necessary and reliable information about the Seller's work and the Goods sold by him.
2.3. Once to postpone the delivery of the Goods, which are fully paid for, to another possible delivery date, notifying the Seller no later than 5 (five) business days before the delivery date. At the same time, in case of an increase in the cost of the postponed delivery, the Customer undertakes to make the appropriate additional payment no later than 3 (three) business days before the planned delivery date.
2.4. The Buyer has the right to send the Seller his opinions, suggestions and recommendations on each provision in this Offer.

Delivery and transfer of goods to the Buyer

1. The Seller provides the Buyer with services for the delivery of Goods in one of the ways indicated on the Website.
The Seller transfers the goods (shipment) to the Buyer within 12 (twelve) business days after payment by the Buyer.
The Buyer undertakes to check the Goods upon acceptance and inform the Seller about the defects noticed during acceptance on the day of receipt of the goods. What should be marked accordingly in the accompanying documents (TTN/ UPD/ Torg 12).
In the event of the Buyer's unjustified refusal to accept the paid Goods corresponding to the quality and configuration declared by the Seller on the Website, the Seller has the right to deduct from the amounts paid under this Agreement by the Buyer, all actual expenses incurred related to the fulfillment by the Seller of its obligations under this Agreement, or to charge the Buyer a fine of 3% of the total cost of the Goods.
2. If the Contract of sale of the goods is concluded with the condition of delivery of the Goods to the Buyer, the Seller is obliged to deliver the Goods to the place specified by the Buyer.
3. The delivery period of the Goods to the Buyer consists of the order processing period and the delivery period.
4. The delivered Goods are transferred to the Buyer, and in the absence of the Buyer – to the person declared by the Buyer in accordance with clause 6.1.4. of this Agreement.
5. Information about the Product is brought to the attention of the Buyer in the technical documentation attached to the Product (in cases provided for by law), in the description on the Website, by labeling or otherwise.
6. The signing by the Buyer (his representative, or another person authorized to receive the Buyer's cargo) of documents in the transport company (receipt of receipt of the cargo, or other document confirming receipt of the cargo from the transport company) means acceptance by the Buyer of the Goods in quantity and quality, as well as the absence of damage to the packaging of the cargo or the cargo itself. The Seller is not responsible for damage to the packaging of the cargo (including loss of goods, parts of goods, aggregates /parts of goods, items of ordered goods) or directly of the cargo to the Buyer. In the event of damage to the packaging of the cargo or the cargo itself, or loss of the goods, parts of the goods, aggregates / parts of the goods, the Buyer is obliged to contact the transport company directly.

Return and exchange of Goods

1. The Buyer has the right to refuse the goods of proper quality ordered and/or paid for by him in the Online store at any time before receiving it, and after its transfer - within 14 (fourteen) calendar days. The buyer has the right to replace the Product ordered and/ or paid for by him in the Online store, if its consumer properties and presentation, a document confirming the fact and conditions of purchase of the specified product are preserved.
2. The return/exchange of Goods of proper quality is possible if it has no traces of operation, its original packaging, presentation, consumer properties, seals, factory labels, as well as a document confirming the purchase of the specified Product are preserved.
If a gift was attached to the product, it must be transferred along with the product, while the gift must also have no traces of operation, its presentation, consumer properties, seals and original packaging must be preserved.
3. The refund is made to the same bank account from which the payment was made at the written request of the Buyer after the return of the Goods.
4. If the Buyer refuses the goods of proper quality, the Seller returns the funds within 10 days from the date of receipt of the returned Goods. The Buyer does not have the right to refuse Goods of proper quality having individually defined properties if the specified Product can be used exclusively by the consumer purchasing it.
5. If the Buyer refuses the goods of inadequate quality, the Seller returns the funds within 10 days from the completion of the quality check (if it is carried out), provided that the conclusions of the check confirm the presence of manufacturing defects. Replacement of goods of inadequate quality is carried out within 7 days from the date of presentation of the Buyer's claim, and if necessary, additional quality control of the goods - within 20 days from the date of presentation of the specified requirement. If the Seller does not have the goods necessary for replacement at the time of the claim, the replacement is made within a month from the date of such a claim.
6. If the total cost of the goods ordered by the Buyer in the Online store and transferred to the Delivery Service and (or) delivered to the Buyer, which he refused, exceeds 150,000 (one hundred and fifty thousand) rubles, and at the same time the total cost of the purchased (paid) goods will not exceed 15% (fifteen percent) of the total amount of goods ordered by the Buyer in the Online store and transferred to the Delivery Service and (or) delivered to the Buyer, the Seller has the right to refuse such a Buyer to purchase goods in the Online store in the future.

Responsibility of the parties

1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the goods ordered on the Website.
2. The Seller is not responsible for the Buyer's losses resulting from:
• incorrect ordering,
• illegal actions of third parties.
3. Upon the occurrence of force majeure circumstances, which one of the Parties to this Agreement could neither foresee nor prevent by reasonable measures, the term of performance of obligations under this Agreement increases in proportion to the time during which such circumstances continue to operate, without compensation for any losses.
Such events of an extraordinary nature, in particular, include: floods, fire, earthquake, explosion, storm, subsidence of soil, other natural phenomena, epidemic, as well as war or military actions, terrorist acts; voltage fluctuations in the power grid and other circumstances that led to the failure of technical means of any of the parties the agreement.
The party for which a situation has arisen in which it has become impossible to fulfill its obligations due to the occurrence of force majeure circumstances is obliged to notify the other party in writing immediately (but no later than 5 (five) business days) of the occurrence, estimated duration and termination of these circumstances.
In the event of a dispute about the time of occurrence, duration and termination of force majeure circumstances, the conclusion of the competent authority at the location of the relevant Party will be an appropriate and sufficient confirmation of the beginning, duration and end of the specified circumstances.
If force majeure circumstances and/or their consequences continue to be in effect for more than 30 (thirty) consecutive calendar days, the Contract may be terminated at the initiative of either party by sending a written notification to the other party.
4. In other cases of non-fulfillment or improper fulfillment of their obligations not provided for in clause.
3. of these Terms, the Parties are responsible in accordance with the current legislation of the Russian Federation.
5. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.

Confidentiality and information protection

1. By providing data during registration on the Website, the Buyer agrees to receive an advertising and informational mailing list.
2. If the Buyer does not want the data to be used in accordance with clause 8.1 of these Terms, then he must contact the Seller via the email address specified in clause 5.1.3. with a corresponding application.
3. The Seller uses the information:
• to send advertising and informational materials;
• to fulfill its obligations to the Buyer;
• to evaluate and analyze the work of the Site.
4. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Buyer.
5. Disclosure of information in accordance with reasonable and applicable legal requirements is not considered a violation of obligations.
6. The Seller has the right to use the "cookies" technology (technology that allows the web server to send service information to the user's computer and save it in the browser.
7. The Seller receives information about the device identifier of the Site visitor connected to a local network and/or the Internet (ip address). This information is used solely for statistical purposes and is not used to identify the visitor.
8. The Seller is not responsible for the information provided by the Buyer on the Website in a public form.

Dispute Resolution

1. In case of questions and claims on the part of the Buyer, he must contact the Seller by means of the Russian Post, sending the Seller a claim by registered mail with a delivery notification.
2. The Parties will take all measures to resolve disputes and disagreements that may arise during the performance of obligations through negotiations. The pre-trial claim procedure for dispute settlement is mandatory. The deadline for responding to a claim is 30 working days from the date of its receipt.
3. If the Parties have not reached an agreement, all disputes are subject to consideration in accordance with the procedure provided for by the legislation of the Russian Federation.
4. In all other matters not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

Final provisions

1. The legislation of the Russian Federation applies to legal relations arising between the Buyer and the Seller.
2. These Terms and Conditions are posted on the website used by the Seller on the Internet, located at www.pitonmoto.com they are a public offer. The absence of a hard copy of the Contract signed between the parties, with the signatures of the parties, in the case of actual payment by the Buyer, is not a reason to consider the purchase and sale agreement not concluded.
3. The Seller has the right to record telephone conversations with the Buyer. In accordance with Part 4 of Article 16 of Federal Law No. 149-FZ dated 07/27/2006 "On Information, Information Technologies and Information Protection", the Seller undertakes to: prevent attempts of unauthorized access to information and/or transfer it to persons not directly related to the execution of Orders; promptly detect and suppress such facts. Telephone conversations are recorded in order to monitor the quality of Order execution.
4. The Seller has the right to sell the goods in any way not prohibited by law, including through social networks, messengers and third-party trading platforms. If the Product is sold to the end customer through the official account of the online store opened on social networks or messengers, then all the rules described in this Agreement apply to the Seller and the Buyer.
5. Invalidation of any clause or sub-clause of these Terms does not entail the invalidity of the remaining clauses or sub-clauses.
6. The Seller has the right to control the quality of his work and the Goods sold, etc., using the following methods: telephone survey, online mailing, SMS mailing, mailing in messengers and social networks. The Buyer has the right to refuse the quality control procedures carried out by the Seller by notifying the Seller at the address specified in clause 5.1.3. of this Agreement.
Terms & Conditions
