Terms of Sale of Goods

1. General Provisions

1.1. This document, located on the website https://promagin.com/, is a public offer of the Seller (clause 1 of article 435 and clause 2 of article 437 of the Civil Code of the Russian Federation) and contains all the essential conditions for the sale, payment, delivery, return and exchange of goods presented on the Seller's website https://promagin.com/.

1.2. In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation, in case of acceptance of the conditions set forth below and payment for the goods, a legal or physical entity that accepts this offer becomes the Buyer, and the Seller and the Buyer together become the Parties to the contract. By clicking "Confirm Order" on the website of the online store, the Buyer accepts the offer on the terms set forth in this document (hereinafter referred to as the "Terms"). The relationship between the Buyer and the Seller is governed by the provisions of the Civil Code of the Russian Federation on retail sale (§2 Chapter 30), as well as the Law of the Russian Federation "On Protection of Consumer Rights" dated 07.02.1992 No. 2300-1 and other legal acts adopted in accordance with them.

1.3. The Buyer undertakes to carefully read the text of this offer. If the Buyer does not agree with its terms or with any clause of the Terms, the Seller suggests that the Buyer refuse to conclude the contract and use the Seller's services.

1.4. The Seller reserves the right to make changes to these Terms at any time without prior notice. In this regard, the Buyer undertakes to independently monitor changes in the Terms posted on the Seller's website on a regular basis.

1.5. All text information and graphic images located on the site are the property of the Seller and/or its Contractors.

1.6. Warranties and Representations The Seller shall not be liable for: — damage caused to the Buyer as a result of improper use of the goods; — losses of the Buyer incurred as a result of incorrect filling out of documents, including incorrect indication of registration data when placing an Order; — damage caused to the Buyer as a result of the illegal actions of third parties; — for full or partial non-fulfillment of its obligations, if such non-fulfillment was a consequence of the action of force majeure circumstances that arose after the entry into force of the terms of the offer, as a result of extraordinary events that the Parties to the contract could not foresee or prevent. The Buyer guarantees that: — the purchased goods meet the intended purpose of use; — indicated the correct delivery address; — indicated the correct phone number for contacts; — indicated the correct email address for contacts; — other information provided by the Buyer is correct and reliable; — by its own forces and at its own expense, ensures the security of the data specified during registration and order placement.

2. Terms and Definitions

2.1. Buyer - an individual or legal entity placing orders on the Seller's website at the electronic link: https://promagin.com/. By agreeing to the terms of the offer, the Buyer confirms that he/she is a capable citizen who has reached the age of 18, or a representative of a current company who has the necessary documents to act on behalf of this legal entity.

2.2. Seller - Individual Entrepreneur Egorov Evgeniy Ivanovich, carrying out his activities under the trademark "SIMAGIN" and selling goods, the description of which is presented on the Seller's website. Legal address: 442960, Penza Region, city of Zarechny; OGRNIP 323583500026866; ITN 583806400004.

2.3. Online Store - a website located on the Internet at the electronic link: https://promagin.com/, where goods offered by the Seller are presented, as well as the conditions for delivery, payment, return and exchange of these goods.

2.4. Order - a duly completed request from the Buyer for the purchase of goods, placed by the Buyer independently on the website of the online store https://promagin.com/.

2.5. Goods - products presented for sale in the Seller's online store, by placing them in the corresponding section of the online store as a sample for review.

2.6. Terms - terms used in this Offer that are not defined in clause 2. In this case, the interpretation of such a term is made in accordance with the text of this Offer. In the absence of a clear interpretation of the term in the text of the offer, one should be guided by the interpretation of the term: in the first place - on the Seller's website https://promagin.com/; in the second place - established on the Internet.

3. Subject Matter

3.1. Subject matter of the agreement The subject matter of this agreement is the sale to the Buyer of the goods presented on the Seller's website, in accordance with the Buyer's order.

3.2. Conclusion of the sales contract The sales contract is considered concluded from the moment of full payment by the Buyer for the ordered goods. When the Buyer pays for the goods at the sales and service office, the rules of retail sale of goods apply to the relationship between the Buyer and the Seller, and the rules and regulations on distance selling of goods do not apply.

4. Information about the goods

4.1. Presentation of goods on the website Goods are presented on the website by means of photo-samples (renders), video files. Each photo-sample (render) is accompanied by text information: item number, price and description of the goods. All informational materials presented on the website of the online store https://promagin.com/ are for reference purposes only. Before placing an order, the Buyer should contact the Seller to clarify the properties and characteristics of the goods. All information about the goods is brought to the attention of the Buyer on the Seller's website https://promagin.com/, in the technical documentation attached to the goods, on the labels, by applying markings. The Buyer can also receive information before concluding a sales contract from a representative of the online store by phone number: 8 (926) 919-98-89.

4.2. Additional information about the goods Upon the Buyer's request, the representative of the online store is obliged to provide (by phone or by e-mail) other information that is necessary and sufficient, from the Buyer's point of view, for the Buyer to make a decision to purchase the goods.

4.3. Defects of goods The Buyer is informed and agrees that the following are not defects of the goods: — The presence of a production smell (varnish, paint, etc.) in a new product; — Invisible sides of the product are not subject to coating (varnish, paint, etc.), upholstery with leather, and they may show fasteners: self-tapping screws, bolts. — Discrepancies between the images of the goods on the website and the goods transferred to the Buyer, if these discrepancies relate to the shade of color.

5. Prices and Payment Terms

5.1. Order Placement The Buyer has the right to place an order for any goods presented in the online store on the website https://promagin.com/. Each product can be ordered in any quantity.

5.2. Payment for the Order The Buyer is obliged to pay for the ordered goods in full at the time of placing and confirming the order on the Seller's website.

5.3. Payment Methods Payment for goods ordered by the Buyer on the website of the online store is made in rubles in any way indicated on the website.

5.4. Order Price The order price includes the cost of the goods with all its components, in accordance with the description in the technical documentation of the goods.

5.5. Payment for Individuals For individuals, payment is made by credit card or using SBP.

5.6. Secure Payment Processing For payment (entering your card details), you will be redirected to the YKassa payment gateway. The connection to the payment gateway and the transmission of information is carried out in a secure mode using the SSL encryption protocol. If your bank supports the technology of secure online payments Verified By Visa, MasterCard SecureCode, MIR Accept, J-Secure, to make a payment, you may also need to enter a special password. This site supports 256-bit encryption. The confidentiality of the transmitted personal information is ensured by Tinkoff Bank JSC. Payment by credit cards is carried out in strict accordance with the requirements of the MIR, Visa Int., MasterCard Europe Sprl, JCB payment systems.

5.7. Product Pricing The price charged for the product is the price at the time the order is placed and is indicated on the Seller's website in the product description.

5.8. Incorrectly Indicated Price In case of an incorrectly indicated price, the Seller undertakes to notify the Buyer of this as soon as possible. At the same time, the Buyer has the right to refuse to purchase the goods in whole or in part, following clause 8.4 of this Agreement. If it is impossible to contact the Buyer, the order is considered canceled.

5.9. Price Changes The Seller has the right to change prices for goods at any time without prior notice. The price for the goods cannot be changed for confirmed orders.

5.10. Payment Confirmation Confirmation of payment is either a cashier's check or other document used in the territory of the Russian Federation in accordance with the current legislation of the Russian Federation, confirming payment for the goods.

5.11. Electronic Checks According to the current Sales Rules, the seller has the right to send a cashier's check to the consumer using electronic and other technical means. To the subscriber number indicated by the buyer through messengers or SMS, or email, the Seller sends a link to the website of the fiscal data operator, following which opens the check in electronic form.

6. Personal Information

6.1. Buyer Information When registering and placing an order on the Seller's website, the Buyer undertakes to provide the following information about himself: last name, first name, patronymic, gender, contact phone number (mobile and/or home), email address, order delivery address and other necessary data (hereinafter referred to as "personal data").

6.2. Accuracy of Information The Seller is not responsible for the accuracy and content of the information provided by the Buyer.

6.3. Processing of Personal Data The Buyer's personal data will be processed by the Seller in ways that include: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), depersonalization, blocking, deletion, destruction, including with the use of automation tools or without the use of such tools, for the purpose of selling goods and/or providing services set forth in these Terms, including, but not limited to, informing about the Order, conducting claims work, analyzing the quality of the service provided by the Seller and improving the quality of service to Buyers, providing services for the delivery, installation and repair of goods, implementing the possibility of returning goods, providing a service for checking the quality of goods/expertise.

6.4. Confidentiality of Personal Data All information received by the Seller from the Buyer is confidential and cannot be disclosed to third parties without the Buyer's consent, except in the cases described in clause 6.5 of this Agreement.

6.5. Consent to the Processing of Personal Data By placing an order and providing information about himself, the Buyer confirms that he gives his consent to the processing by the Seller of the transferred personal data (including transfer to third parties) for the purpose of the Seller fulfilling its obligations under this offer agreement to the Buyer, as well as for the purpose of promoting new goods and services and other purposes specified in this agreement. If the Buyer does not want his personal data to be processed by the Seller, he undertakes to notify the Seller of this in writing by email to the email address of the online store. In this case, the Buyer is deprived of the opportunity to use the services of the online store and place orders.

6.6. Promotional Messages The Seller has the right to send the Buyer advertising or informational messages. The Buyer has the right to refuse advertising and informational messages by writing a message to the email address of the online store: info@promagin.com.

6.7. Privacy Policy The full terms of the Privacy Policy are posted on the Seller's website page "Privacy Policy". The Buyer confirms that he has read the Privacy Policy, published on the website https://promagin.com/.

7. Delivery of Goods

7.1. Delivery of Goods The Seller delivers the goods ordered by the Buyer through a delivery service - a counterparty. The Parties acknowledge that the Seller shall be deemed to have duly fulfilled its obligations for the delivery of the goods upon their transfer to the delivery service - counterparty. At the same time, the Seller shall not be liable for any incorrect information provided by the Buyer when placing an order on the website of the online store.

7.2. Delivery Area After placing and paying for an order through the Seller's website, it can be delivered within the territory of the Russian Federation and other countries by prior arrangement with the representative of the online store by phone 7 (926) 919-98-89 or by email info@promagin.com.

7.3. Delivery Costs Delivery is made at the expense of the Seller of the online store.

7.4. Transfer of Goods The Seller transfers the goods to the Buyer upon presentation of the invoice and payment documents by the latter. The Buyer agrees that any person who is at the delivery address on the date and time agreed by the Parties has sufficient and full authority to accept the goods. In order to combat fraud, the Delivery Service Representative has the right to demand an identity document from the Buyer/or the person accepting the goods.

7.5. Delivery Time The delivery period for the goods is up to 120 calendar days from the date of payment. The delivery date of the goods indicated in the invoice when placing an order for the goods is indicative and is subject to clarification by the representative of the online store when confirming the order. The representative of the online store servicing this order clarifies the details of the order, agrees on the delivery date, which depends on the availability of the ordered goods in the Seller's warehouse and the time required for processing and delivery of the order.

7.6. Transfer of Ownership and Risk The ownership of the goods and all risks associated with ownership pass to the Buyer at the moment the Buyer receives the goods, which is confirmed by the Buyer's signature in the shipping documents confirming delivery.

7.7. Notification of Changes in Delivery In case of changes in the delivery time, the Seller undertakes to immediately inform the Buyer about the changes in the delivery terms in order to obtain consent to the new terms of order fulfillment in whole or in part. The Seller informs the Buyer by phone (call, SMS message) or by email (e-mail).

8. Return of Goods

8.1. Inspection of Goods Upon Delivery Upon receipt of the goods from the delivery service representative, the Buyer checks the goods for completeness, compliance of the item numbers of the transferred goods with the item numbers in the invoice, size, and the absence of external damage.

8.2. Refusal to Accept Goods In case of violations of the order parameters specified in clause 8.1. for any of the items, the Buyer has the right to refuse to receive the goods of this item. In case of a complete refusal of the goods delivered with violations, the Buyer is exempt from payment for the delivery cost.

8.3. Refusal to Accept Goods After Delivery If the Seller has correctly fulfilled the order, the Buyer has the right to refuse to purchase the goods upon delivery of the goods by the delivery service representative, while paying the full cost of delivery agreed upon with the Buyer when placing the order on the Seller's website.

8.4. Remote Sale of Goods In the case of a remote method of selling goods, the Consumer has the right to refuse the goods at any time before they are sent to the Buyer, having notified the online store in advance (by phone or by email), and after the transfer of the goods - within seven days, while paying the full cost of delivery agreed upon with the Buyer when placing the order on the Seller's website.

8.5. Return of Goods of Proper Quality The return of goods of proper quality is possible if their presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The absence of a document confirming the fact and conditions of purchase of the goods with the consumer does not deprive him of the opportunity to refer to other evidence of the purchase of the goods from this Seller, in accordance with applicable law.

8.6. Return Shipping Costs When returning goods of proper quality within the statutory deadlines, the Buyer is obliged to pay the transportation costs incurred by the Seller when returning the goods to the warehouse. The cost of returning the goods is determined individually and is communicated to the Buyer by email.

8.7. Return of Goods of Improper Quality The Buyer has the right to return goods of improper quality. Goods of improper quality are goods that are faulty and cannot fulfill their functional qualities. To apply for a return, you must contact the online store representative.

8.8. Refund A refund to the Buyer is made to the Buyer's bank account within 10 days from the date of the Buyer's submission of the corresponding request (before delivery) or from the date of the agreed return (after delivery). When returning goods of improper quality (clause 8.7), the Seller reimburses the Buyer for the cost of the returned goods, the cost of the commission for the transfer of funds, and the cost of delivery paid by the consumer.

8.9. Return of Accessories When returning goods of proper quality, the Buyer undertakes to return to the Seller all accessories transferred to the Buyer with the goods. If the Buyer does not return the accessories to the Seller, then the Buyer compensates for their cost from the amount of the refunded money or demands compensation for expenses in accordance with the law.

9. Responsibilities of the Parties

9.1. General Liability In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

9.2. Seller's Non-Liability The Seller shall not be liable for the inability to service the Buyer for any reasons beyond its control, including disruption of communication lines, equipment malfunction, non-fulfillment of obligations by counterparties, those or other services, etc.

9.3. Force Majeure Without prejudice to the foregoing, the Seller shall be released from liability for breach of the terms of the Agreement if such breach is caused by force majeure circumstances, including: fire, flood, earthquake, other natural disasters, acts of state authorities, strikes, civil unrest, riots, any other circumstances, without limitation, which may affect the Seller's performance of the Agreement.

9.4. Dispute Resolution All disputes and disagreements shall be resolved through negotiations between the Parties. In the event that disputes and disagreements cannot be resolved through negotiations, they shall be submitted to the court at the place of residence or place of stay of the plaintiff, or at the place of performance of the Agreement.

9.5. Receipt of Communications Any statements, claims, demands, letters received by the Seller after 4:00 p.m. Moscow time on a business day or on a holiday/weekend day shall be deemed to have been received by the Seller on the next business day.

10. Term, Amendment and Termination of the Offer Agreement

10.1. Term The Offer Agreement (the "Agreement") comes into force from the moment specified in clause 3.2 of this Agreement and remains in effect until the Parties have fully fulfilled their obligations under it.

10.2. Communication The phone number, delivery address and email address specified by the Buyer are considered publicly available data and are used by the Seller to fulfill the Agreement. The Parties recognize the legally binding force of: — Correspondence using instant messaging services - WhatsApp and any other messengers, including text and voice (audio) messages, video recordings, any documents and correspondence, without subsequent confirmation by originals; — Exchange of any information and documents through the use of social networks, including Facebook and Instagram, taking into account the accounts specified in the details of this Agreement.

10.3. Severability If any of the provisions of this Agreement are declared invalid by a court, this shall not entail the invalidity of the other provisions.

10.4. Contact Information In case of any questions from the Buyer, he/she contacts the representative of the online store by phone number +7 (926) 919-98-89 or by email info@promagin.com

10.5. Amendment The Seller has the right to unilaterally amend the Agreement. Such amendments to the Agreement come into force from the moment of their publication on the Seller's website, unless a later date is specified in the relevant amendments to the Agreement.

10.6. Termination The Buyer has the right to terminate the Agreement unilaterally at any time by sending a written notice to the Seller to the email address info@promagin.com. The Agreement shall be terminated from the moment the Seller receives the Buyer's written notice. The Seller has the right to terminate the Agreement unilaterally at any time by sending a written notice to the Buyer to the email address specified by the Buyer during registration on the Seller's website. The Agreement shall be terminated from the moment the Buyer receives the Seller's written notice.

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