TERMS & CONDITIONS
1. LIMITS OF APPLICABILITY
1.1 THESE TERMS Of SALE ("Terms") APPLY To ALL Sales And Purchases Of PRODUCTS (Including Hardware And Software) ("Products") And Services (The "Services") Offered For Sale Through The SITE (The "Site"), On Which The Nerova LLC(Hereinafter The "Seller") HAS POSTED THESE TERMS To EXAMINE THEIR BUYER ("Buyer").
1.2 ALL PURCHASES ARE FINAL, NON-REFUNDABLE AND CANNOT BE CANCELLED (CLOUD SERVICES, FILE HOSTINGS, HOSTINGS, GIFT CARDS, PREPAID CARDS ETC. (FOR BE SURE CAN PAYMENT BE REFUNDED FOR GOODS OR SERVICES PRESENTED ON OUR SITE, CONTACT US BEFORE PLACE ORDER !)), EXCEPT AS PROVIDED FOR IN THE REFLOWED PAGES BY SWIPING THE RETURN POLICY
2. PLACING AN ORDER, NOTICE, ORDER CONFIRMATION
2.1 All prices, cost estimates and descriptions contained on this website or link to it are valid in case of availability/product/service do not constitute a commercial offer and may be cancelled or modified at any time prior to the confirmation of the order by the seller (see below).
2.2 Despite the constant control, Seller cannot guarantee that all products and services offered on the site will be available and/or available at the time of placing the order. If the order cannot be processed or is made, the seller reserves the right to reject it without any further obligations. In this case, will refund all payments previously made by the buyer for a product or service.
2.3 Placing an order means the buyer's willingness to purchase products or services, and its acceptance of these terms. After placing an order should be followed by a confirmation of the order by the seller.
2.4 Before confirming the order can be sent automatically to the buyer an email notification. Please note that any such automatic notification does not mean that your order has been accepted and duly confirmed.
2.5 The contract is concluded and the order is confirmed from the moment of order submission/start services and the buyer's credit card information or other payment ("Confirmation").
2.6 The seller may save the data received and accepted orders, notifications, and other details of the contract within a reasonable time limit after the confirmation. The seller may give the buyer a copy of the data on written request; However, it is recommended that you print a copy of the buyer of these documents, as well as a copy of these terms for your information.
3. THE INFORMATION PROVIDED BY THE BUYER
3.1 When placing an order the buyer provides valid at the time sufficient information to fulfill the order.
3.2 Buyer is responsible for accurate, complete and timely information in your account and the security of this information (and any passwords issued for access to the site and/or purchasing Products) to prevent unauthorized access.
3.3. Unless otherwise specified and are not required by applicable law, all warranties on products and services, are only valid on the condition that the buyer resells these products and services and use them personally.
3.4. The buyer has no right to grant on behalf of the seller, the license owners, product manufacturers and suppliers of any guarantees or liability without the prior written consent of the seller
4. PRICES AND TERMS OF PAYMENT (NOTE: SELLER CANNOT CONFIRM PRICES PRIOR TO ORDER CONFIRMATION)
4.1 Products or services are presented for payment at the prices valid at the time of shipment or delivery, unless otherwise explicitly stipulated. Prices may be listed on the site or in the notice, but in the event of any inconsistencies, the final price is the amount indicated at confirmation. Converting in currency other than ruble and vice versa occurs at the rate of the Central Bank of Russia at the time of purchase , so the amount charged from your card may differ from the price shown on the website for this product .
4.1.1 You can pay for the goods / services of our Internet-shop with a bank card of the following payment systems:
• VISA International;
• MasterCard Worldwide.
4.2 At any time prior to the confirmation of the seller reserves the right to void all discounts and/or change the prices due to the increase in the cost of labour, materials or delivery, increase or introduction of any taxes, fees and charges as well as any changes in currency exchange rates. The seller reserves the right to give the buyer all errors in the description of the product and its value before sending the product. If in such a situation the buyer gives its consent to the further execution of the order, he confirms that a product or service will be provided in accordance with a specified description or corrected price.
4.3. A list of places where being delivered, can be found on the site ("zone"). Unless otherwise specified, the prices
4.3.1. do not include the cost of transport to the agreed place of delivery, which is within range of delivery (delivery cost calculation is shown on the site); as well as the
4.3.2. do not include VAT and any other taxes and fees (if applicable) will be added to the current price;
When placing an order, the buyer agrees to pay the necessary taxes and shipping Products in accordance with the information provided on the site by the seller at the time of placing the order.
4.4. Payment must be made before delivery of the means referred to on the website (and any other, unless the prior consent of the seller).
4.5 The payment may be charged entirely, notwithstanding any claim for under delivery and defects, unless otherwise explicitly stated in these terms or on the site.
4.6 We charge the buyer's credit or debit card at the time of dispatch of a product or the provision of services. The seller reserves the right to check the status of your credit or debit card to confirm the reservation
4.7. If the payment is made by the billed accounts, each of them must be paid within thirty (30) days after the date of the statement. If any of the accounts was not paid by the deadline, the seller has the right to require the buyer to notify all of the remaining payments immediately.
4.8. Any counter claims and obligations could not be taken against the amount due for payment without the written consent of the seller. The seller has the right at any time after the payment has been overdue, even though the Products had not yet crossed the property Buyer to unilaterally change the price of the product.
4.9 All delays and credits granted to the buyer, can be modified or cancelled at any time. In the event of non-payment as from the official date of payment and the payment to the seller the full amount (both before and after the hearing) to the sum of overdue payments will be added daily fine for delay in the amount of the maximum amount permitted under applicable law. The purchaser shall on demand reimburse Seller all costs related to late payments.
5. TERMINATION OF AGREEMENTS
5.1 In the case of bankruptcy of the Buyer, the Buyer of the repayment, court order to liquidate the company, handed down against the Purchaser and in any other case, the consequence of debts of the buyer, and if the seller has reason to believe that the buyer could not pay their debts in a timely manner; in the case of non-payment by the buyer established amount or with respect to any breach of these terms and conditions, the seller may, without prejudice to their rights:
5.1.1. interrupt delivery already sent products; and/or
5.1.2. suspend further deliveries of products; and/or
5.1.3. terminate or suspend the provision of services; and/or
5.1.4. written notification to terminate the order and cancel all agreements between buyer and seller.
6. DELIVERY AND RESPONSIBILITY
6.1 All schedules and delivery times specified on the site, notices, acknowledgements and elsewhere are approximate. Despite the efforts made, Seller cannot guarantee that the Product will be sent and/or Facilities will be in effect by a certain date, and shall not be liable to the buyer in case of delays.
6.2. Delivery is carried out at the buyer's valid address in accordance with confirmation of delivery within the zone ("delivery address"). The buyer must check the delivery address on all statements and confirmations provided by seller and to notify the Seller without delay about any errors or incomplete information. Seller reserves the right to require an additional surcharge, depending on the changes made by the buyer to the delivery address after ordering.
6.3. If the buyer refuses or cannot get the products, the delivery of which was held in accordance with these conditions, the seller's liability for the safety of the Product are excluded, and whatever other rights or compensation:
6.3.1. The seller is entitled to receive payment for any products or services in full, and also may, at its discretion, deliver the products to the warehouse or placed under the responsibility of the buyer;
6.3.2. The buyer must, if necessary, pay for food storage, as well as any additional costs resulting from his refusal or inability to get the product;
6.3.3. Upon expiry of 30 days after the agreed date of delivery, the seller has the right to dispose of the product at its sole discretion, and may sell the product in set-off amounts due from buyer's payment.
6.4. In cases not covered by the applicable laws on the protection of consumer rights, the buyer shall not have the right to opt out of receiving Product or part due to backorders and must pay the full cost, despite the incomplete or failed delivery if the Seller has not notified in writing about the incident within 7 days from the date of delivery or receipt of the relevant invoice. In this case, the buyer must pay for the cost of only those products whose delivery had taken place.
6.5 If the delivery is carried out in several stages, each of them involves the conclusion of a separate contract and any defect detection in any component of the Product does not give the buyer the right to require cancellation of subsequent shipments or termination of the contract as a whole.
6.6. Except as provided in these terms, after delivery, the delivery of products to the buyer or delivering products for the transportation means of the buyer, whichever comes first, the entire responsibility for the safety of the Products shall pass to the buyer.
7. FAILURE, LOSS OR DAMAGE IN TRANSIT
7.1. In all cases, except as set forth above or under any applicable return policy and the existing laws, the effects of which cannot be limited or excluded by these terms:
7.1.1. The buyer has no right to refuse to receive products and services, if not happened:
(a) loss of or damage to the products or any part thereof in transit (provided that the products are transported by the Seller or by courier service, acting on behalf of the seller) and the buyer must give the seller about the incident within 5 working days after receipt of the Product by the buyer;
(b) detect product defects (not due to negligence, incorrect actions and failure to comply with agreements on the part of the buyer), provided that the seller has been notified within 30 days of receipt of the Product by the buyer.
(c) poor quality provision of services (not due to negligence, incorrect actions and failure to comply with agreements on the part of the buyer), provided that the seller has been notified within 5 days following the identification of these shortcomings.
7.1.2. The seller shall not be liable for damage to or loss of Products resulting from improper installation; the use of products with poor, inadequate or improperly installed equipment; negligence of the buyer; improper use of the product, or use contrary to the instructions and technical specifications provided by the manufacturer.
7.1.3. In the case of under delivery or failed delivery, as well as when damages and defects in the product or Services, the seller has the right to act as follows:
(a) in the case of under delivery or unsuccessful delivery) compensate for incomplete or failed delivery and/or
(b) in case of lack or poor quality of Services) to compensate for lack of or poor service and/or
(c) If damage or defects of the product) to act in accordance with the relevant rules of return:
(i) Replace or repair the product upon return of the product by the buyer; or;
(ii) Reimburse the paid the cost of damaged and substandard products.
8.1 If the product is supplied together with the software or the software (the "software"), such software is licensed, given by the seller or the relevant licensing authorities/owner in accordance with the applicable end user license agreement or other licence terms included with software ("license terms") and/or the product. Also:
8.1.1 The buyer has no right to copy, adapt, translate, publish it in open access, distribute, modify, alter, decompile or disassemble it, penetrate into the software to generate program codes or combine it with any other software, in all cases, except as expressly provided for (i) the end user license agreement, or (ii) the existing legislation, which cannot be cancelled by the contract.
8.1.2. Except in cases provided for in the applicable license agreement, the buyer's right to refund and/or refund of the software in accordance with these terms and conditions and operating rules return null and void in the event of damage to the integrity of the packaging of software and/or license print and/or the use of the software.
8.1.3. In addition to the data provided by the Seller in writing and set out in the applicable license agreement, the software is provided "as is", without any warranty of quality, MERCHANTABILITY, fitness for a particular purpose, performance or compliance with description, the Seller makes no warranties and assumes no obligations with respect to software installation, configuration, and correct mistakes and shortcomings. To determine your rights with respect to the producers, the owners of licenses and software suppliers to the buyer, we recommend that you carefully review the license agreement.
9. LIMITATION OF LIABILITY
9.1. The maximum extent permitted by applicable law, regardless of WHETHER the SELLER HAS BEEN advised of the POSSIBILITY OF DAMAGE, and regardless of WHETHER the LIMITED MEASURES DESCRIBED HERE for its purpose, (1) the AGGREGATE LIABILITY of the SELLER (as in NON-COMPLIANCE with the CONTRACT and ANY OTHER VIOLATIONS of the law) MAY NOT UNDER ANY CIRCUMSTANCES EXCEED the VALUE of the ORDERED PRODUCT, the BUYER DIRECTLY RELATED to lossesINCURRED BY THE BUYER; (2) the SELLER SHALL NOT BE LIABLE for ANY INTENTIONAL, UNINTENTIONAL or incidental DAMAGE, LOSS OF PROFITS, LOST REVENUES, or COST of COVER.
10. THIRD PARTY RIGHTS
10.1. The buyer shall indemnify the seller against all liabilities, claims and expenses that are a direct or indirect consequence of the provision of services or any activities related to the products, committed in connection with special requirements and specifications provided by buyer or its agents and leading to the violation or alleged violation of the rights of third parties.
10.2. In cases not expressly provided for by law, license agreement, or in any other document, the seller shall not be liable to the buyer if you use products and services, there has been a violation or alleged violation of the rights of third parties. If the products are or can be patented, are protected by copyright, database protection, have a patented design are a trademark or subject to any other rights of third parties, the buyer should bear in mind the conditions established by the manufacturer of the product, licensee or its owner. The seller undertakes to transfer to the purchaser only the rights and legal basis.
11. "WARRANTY" AS IS "USUALLY MEANS" WITHOUT REGARD TO THE GUARANTEE GIVEN BY THE MANUFACTURER OF THE PRODUCT;
11.1. All the instructions, drawings, illustrations, descriptions, dimensions, specifications and other information contained on the site or by the seller are intended for a general idea of the products and are not guaranteed full compliance of Products this information. To determine their rights in this regard, the purchaser should refer to the instructions provided by the manufacturer and warranty documentation.
11.2. Products supplied to buyer reserved manufacturer warranty, licensee or supplier for further information about this, see the documentation that came with the product. (Just in case the applicability of rules of return can take effect they define procedures regarding the replacement or repair of defective products.)
11.3. The rights of the purchaser to repair or replace the defective Product or component will (unless otherwise agreed) be ignored or considered invalid in the following cases:
11.3.1 If someone other than the manufacturer, seller or authorized dealer, has been repaired or modified Products; and/or
11.3.2. defective product or products have not been returned with a full written list of the alleged defects within 30 days from the date of delivery; and/or
11.3.3 These defects (fully or partially) were due to improper maintenance, handling, storage, installation, operation or non-compliance provided by the manufacturer and seller instructions and issued recommendations on delivered products.
11.4. Except as expressly set forth in paragraph 11, the seller GRANTS NO OTHER EXPRESS WARRANTIES, and INFORMATION, as well as IMPLIED WARRANTIES that the product is MARKET QUALITIES, SUITABLE for any PARTICULAR PURPOSE and DOES NOT INFRINGE the rights of third parties. THESE TERMS AND CONDITIONS ARE THE EXCLUSIVE AND SOLE REMEDY OF BUYER.
12. OFFICIAL AUTHORIZATION, CUSTOMS DUTIES AND EXPORT
12.1. If for the acquisition, carriage or use of the products to the purchaser to any formal or otherwise authorized by the Government or relevant authorities, then the buyer shall be obliged to obtain such consent or agreement and, if necessary, at the request of the seller to provide proof. If the buyer is not able to get the necessary documents, it cannot serve as a basis for non-payment or delayed payments. The Buyer shall be obliged to compensate the seller for additional costs resulting from such a situation.
12.2. Licensed and sold to buyer in accordance with these terms and Products may be subject to export control laws and other legal acts in force in the zone of the delivery, as well as the laws in force in the place of use of the Products by the buyer. The buyer is responsible for the execution of these laws and should not engage in actions that violate them.
12.3. Products that fall within the European economic area (EEA) from outside the country, may be subject to customs duties, for example, if the cost exceeds a certain amount allowed to be imported. Upon delivery of the product to the appointed place, the buyer may be obligated to pay customs and import duties and taxes. The buyer is obliged to cover all additional costs for passing customs, because the seller can control such costs. The buyer should contact the Customs authorities in the appropriate jurisdiction for further information.
13.1. Notices and other correspondence relating to the contract between the buyer and seller may be delivered personally, paid by letter, fax or e-mail, with the latest contact information must be provided to the parties in written form. These addresses are used in all judicial proceedings in the form prescribed by law. In addition to the situations described above, relating to the cancellation of orders, correspondence (properly addressed) is considered to be received on the following dates:
13.1.1. In the case of personal delivery, on the day of delivery, to the appropriate address (or, if the message was delivered in a non-business day, the next business day);
13.1.2 In case of sending by mail within 5 working days after the date of sending;
13.1.3 In case of sending by fax, on the day of the fax transmission, (the date the transfer is determined by the report of transmission), if the message was delivered in a non-business day, the next business day.
13.1.4 In the case of email, in the earliest days of the following: (i) the date of notification to the recipient of the sender of the letter delivered; (ii) the date of receipt by the sender automatic notification about successful delivery of letters or letter was opened; or (iii) after 48 hours after the transfer, provided that the sender does not receive notifications of unsuccessful delivery of letters.
14. THE BUYER'S PERSONAL DATA PRIVACY
14.2. For the hosted Buyer orders:
14.2.1 Server software encrypts all personal information, including addresses and number of credit and debit cards. This means that the buyer entered characters are pieces of code that are then securely transmitted over the Internet.
15. GENERAL PROVISIONS
15.1. In accordance with these terms and conditions the buyer is not entitled to any form of transfer or assign its rights, or to authorize someone to act on its behalf. All such attempts have no legal force.
15.2. The seller shall not be liable to the buyer, if the loss or damage of the product became a direct or indirect result of force majeure, including, but not limited to, natural disasters, acts of war, terrorism, riots, civil commotions, acts of Government, explosions, fires, floods, storms, accidents, strikes, lock-outs, labour disputes or strikes, breakdown of equipment, power supply, Internet connections or supply, in which case the seller has the right to cancel your order and refund to the buyer all made payments.
15.3. The buyer is obliged to acknowledge that these terms and conditions supersede and replace all previous contracts, agreements and arrangements entered into between the seller and the buyer, both oral and written, explicit or podrazumevavšiesâ. These terms have priority over any other provisions contained or implied reference to general business practices. All provisions that are contrary to these terms and conditions, shall be recognized as invalid, unless otherwise determined by law. Within the limits permitted by the applicable law, Seller reserves the right to change these terms and conditions, after giving reasonable notice to the Buyer in writing. The changes will take effect from the date of the deposit, and the buyer has the right not to recognize their effect on confirmed, but not yet completed orders, undertakes to notify the seller.
15.4 No concessions, failure to act, delay or indulgence by either party in the performance of these terms and conditions may not distort or restrict its rights and powers.
15.5 Nothing in these terms shall not be deemed to be null and void if the decision was not made in writing and signed by seller. Waiver of claims for violations of any of the terms shall not be construed as a waiver of subsequent breaches of the requirements.
15.6 If for any reason the seller or a Court of competent jurisdiction finds that any provision of these terms and conditions is unlawful or unenforceable under the law of the relevant jurisdiction, then:
15.6.1 in other jurisdictions imposed on conditions that limit will be void, except those in which these limits prescribed by the laws and
15.6.2 in this jurisdiction, all other conditions (within the law) continue their full effect.
16. GOVERNING LAW
16.1. Soundness interpretation and application of these terms and conditions are governed by Russian law and in the event of any disagreement, the parties all judicial procedures shall be subject to the exclusive jurisdiction of the Russian courts;
16.2. Language of all dispute resolution procedures and judicial proceedings is the english or Russian language.