Terms of sale

(offer for individuals who are not entrepreneurs)

 

1. Definitions

Website (or Website) is an information resource on the Internet that has a unique URL and is a collection of interconnected web pages grouped by thematic basis and intended for publishing information on the Internet, located at www.hodoor.ru

The seller is a limited liability company “HODOOR”, registered as a legal entity under the laws of the Russian Federation, located at: 108811, Moscow, Moskovsky, Kievskoye Highway, 22nd km, household 4, building 2, floor 5, block G, office 500G, room 13.

Agent or Commissioner - a legal entity that has entered into a contract of commission with the Seller or an agency contract for the sale of the Seller’s Goods or Goods located on the Seller’s commission.

Delivery Service - a legal entity that has entered into an agreement with the Seller for the provision of transport services.

Site visitor - an individual who opened the site in a web browser or transferred to the site from a search engine or another site.

Client - an individual who is a consumer in accordance with the Law of the Russian Federation "On Consumer Protection", who placed an Order on the website and / or paid an advance payment for the reservation of Goods to the Seller and / or the person who purchased the Goods from the Seller, Agent or Commission Agent.

Manufacturer (Supplier or Consignor) - a legal entity that is a manufacturer, supplier or Consignor of the Goods.

Recipient - an individual who can receive the goods from the Seller, Agent or Delivery Service on behalf of the Client.

Place of sale of goods or sales office Hodoor Performance - a stationary place of trade, owned by the owner or lease to the Seller, Agent or the Commissioner.

Order - an electronic document automatically generated on the Website, which is the Customer’s request for the reservation and further purchase of the Goods and Services from the Seller, Agent or Commissioner posted for informational purposes on the Website.

Acceptance - the Client's actions on the formation of the Order and (or) on the payment of the Goods by cash or non-cash funds or electronic means of payment. The acceptance is considered to have taken place during the formation of the Order or by means of payment in cash or non-cash, or by electronic means of payment.

Cancellation of an order - refusal to accept.

Payment date - depending on the method of payment - the date of receipt of cash at the cashier of the Seller; date of receipt of funds on the account of the Seller; cash acceptance by a paying agent; Reflection of receipt of funds to the Seller in accordance with the Federal Law "On the National Payment System".

Goods - goods offered by the Seller at the points of sale of the goods and placed for informational purposes on the Site.

Services - delivery, fitting, testing and other similar services provided by the Seller or Agent or Delivery Service, the types and cost of which are communicated to the Client on the site.

Client Questionnaire - information about the Client, indicated by him when forming the Order.

Proper product quality is a condition of the product when all the mandatory requirements for the goods stipulated by law or contract are fulfilled (or consequently) the goods can be used for their intended purpose, and therefore be useful to the consumer. In addition, this quality at the same time suggests that the product is safe and has no flaws.

Inadequate quality of the goods is a non-compliance of the goods with either the mandatory requirements provided by law, or the terms of the contract, or the purposes for which this kind of goods is usually used, or the purposes of which the seller was informed by the consumer at the conclusion of the contract, or the sample (description) sale of goods on the model and (or) according to the description. The difference of design elements or design from the description stated on the Site is not a sign of inadequate quality.

 

2. General rules

2.1. This Agreement is a public offer in accordance with Art. 426, 435, 437 of the Civil Code of the Russian Federation.

2.2. The client has the right to enter into an Agreement with the Seller solely by adhering to the terms of this Agreement without any exceptions and / or reservations. A retail sale contract is considered to be concluded from the moment the Seller issues the cash or sales receipt or other document confirming payment and transfer of goods to the Client.

2.3. This Offer Agreement is a merger agreement (Article 428 of the Civil Code of the Russian Federation).

2.4. The public offer is recognized as accepted by the Site Visitor / Client:

- from the moment of registration of the Visitor on the Site;

- from the moment the Customer places the Order;

2.5. The terms of the Agreement are permanently posted on the Website in the section "Offer".

2.6. Seller unilaterally accepts and modifies the terms of the Agreement. In the relationship between the Seller and the Client, the provisions of the Agreement in force at the time of the Acceptance apply.

2.7. Relations between the Client and the Seller from the time of Acceptance by the Client of the Contract are governed by: this Contract; Civil Code of the Russian Federation; The Law of the Russian Federation "On Protection of Consumer Rights"; Decree of the Government of the Russian Federation of 01/19/1998. No. 55 "On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not covered by the buyer's requirement to grant him free of charge for the period of repair or replacement of a similar product, and a list of non-food goods of good quality that cannot be returned or exchanged for other similar goods size, shape, size, style, color or configuration; Decree of the Government of the Russian Federation dated July 21, 1997 No. 918 “On approval of rules for the sale of goods according to samples”;

 

3. Subject of the agreement

3.1. The subject of this Agreement is to provide the Client with the opportunity to reserve and further purchase for personal, family, home and other needs not related to business activities, the Goods presented for informational purposes on the Site by placing an Order by the Client on the site subject to subsequent confirmation by phone, which means the reservation of the Goods in the warehouse of the Seller with the possibility of the subsequent purchase of the Goods at the points of sale of the Goods. This Agreement applies to all types of goods and services presented on the Site.

3.2. The subject of this Agreement is to provide the Client with an opportunity to receive additional Services, such as prior familiarization with goods, installation of Goods, delivery of purchased goods, selection of the sizes of Goods, repair of Goods, exchange of goods, reservation of goods, as well as other services through the Order.

 

4. Order confirmation

4.1. By placing an order we mean choosing the Products on the website and clicking the buttons "Place an order", "Pay upon receipt", "Pay online" with the formation of an electronic document and (or) its payment in cash or non-cash money, whichever comes first , subject to the Acceptance of this Agreement.

4.2. Ordering is carried out by the Client:

- directly at the points of sale of goods with the assistance of an employee of the Seller;

- on the Site when you choose the goods yourself and click "Checkout", "Pay upon receipt", "Pay online";

- via Hodoor Performance customer support by phone: 8 (800) 302 97 71.

4.4. Ordering by the client means the transfer of information from the Client to the Seller about the desire to reserve and subsequently purchase the Goods.

4.5. If the Client pays for the Order at checkout, then the money transferred is a prepayment to the Seller for reservation of the Goods.

4.6. The order contains the order number, name, contact phone number, products with an indication of their price and characteristics, as well as other data provided by the Client.

4.7. The Client is fully responsible for providing incorrect information in the Order, resulting in the impossibility of the Seller to properly fulfill his obligations to the Client.

4.8. The price of the goods and the characteristics of the Goods in the Order are reference, the final price is confirmed to the Client upon confirmation of the order by the Seller’s operator by telephone.

4.9. All telephone conversations between the Seller and the Customer are recorded.

4.10. After placing the Order, the Seller’s operator performs a telephone Call to the Client to clarify the data in the order, clarify and confirm the Services, confirm the price of the goods and the availability of goods, confirm the date of the sale of the Goods. The client must provide the necessary information and confirm the desire to purchase the goods orally.

4.11. If it is impossible to contact the Client at the phone number specified when placing the Order within 2 (two) hours from the date of placing the Order, the Seller may unilaterally cancel the Order.

4.12. In the absence of the Goods specified in the Order at the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Customer’s Order at any time, notifying the Customer by sending an appropriate e-mail to the email address specified by the Customer during registration (or by calling the operator Seller)

4.13. The Seller, before confirming the Order, may unilaterally change the price for the Goods. The client may cancel the Order unilaterally.

4.14. In case of cancellation of a fully or partially prepaid Order, the cost of the Product is returned by the Seller to the Client in the manner in which the Order was paid within 5 (five) business days.

4.15. After confirming the Order, the Customer receives an e-mail notification containing the order number, the total amount of the order, a list of goods, the price of each product, information about the Services, the time of purchase of the Goods. After confirmation of the Order prices for goods can not be changed.

4.16. The seller has the right to block the actions of the Client that violate the requirements of this agreement without explaining the reasons for such blocking. From the moment the Client violates the requirements of this agreement, all Orders of such Client are considered canceled.

4.17. A user or a Client who is under 18 years old must obtain permission from parents or other legal representatives to issue an Order for Goods. If parents or other legal representatives do not agree with any provision of this Agreement, the user must refuse to place an Order.

 

5. Payment for Products

 

5.1. The price of the goods is indicated in rubles of the Russian Federation and includes all existing taxes and fees.

5.2. Payment of goods in cash is carried out:

5.2.1. At the place of sale at the time of sale of goods.

5.2.2. By transferring funds to the Seller’s employee or Agent.

5.3. Payment of goods by bank transfer is carried out:

5.3.1. by making an advance payment at the time of placing the Order on the Website;

5.3.2. by paying with a payment card to an employee of the Seller through the terminal;

5.3.3. By transferring non-cash funds to the settlement accounts of the Seller on the basis of the Seller’s account within 3 (three) working days from the moment of issuing the invoice.

5.4. In case of partial payment of the Goods, the Goods are considered to be paid from the date of making the entire amount of money in payment for the entire purchased Goods.

5.5. In the case of a non-cash form of payment, the delay in payment by the Customer of the price of the Goods for a period exceeding 5 (five) days is a substantial violation of this contract. In that case, the Seller is entitled to unilaterally refuse to perform this contract.

 

6. Receipt of goods

6.1. The customer can receive the goods:

5.2.1. At the place of sale at the time of the sale of goods.

5.2.2. Through the employee of the Seller within the framework of the Free Delivery of the purchased products.

5.2.3. Through the Agent or the Delivery Service within the framework of the Delivery Services for purchased products.

6.2. The client at any time prior to receipt and at the time of receipt of the goods may refuse to receive the goods if the goods have not been paid for and brought under the order. In this case, the Order is considered canceled, and the acceptance of the offer has been withdrawn. The contract of sale concluded earlier, if it was concluded, is terminated at the initiative of the Client. The funds paid by the Client in any form must be returned to the Client in accordance with this agreement.

6.3. The client may entrust the receipt of goods to the recipient. To do this, when placing an Order, you must provide the contact details of the Recipient, including the Last Name, First Name, Patronymic and contact phone number. The Client can also indicate the Recipient's data by sending an e-mail to [email protected] with the number of the Order and the contact information of the recipient, including the Last Name, First Name, Middle Name and Telephone.

6.4. The risk of accidental loss or accidental damage to the Goods passes to the Client from the moment the goods are handed over to him and the Client or the Recipient puts down the signature in the documents confirming the delivery of the Goods.

6.5. The seller has the right to establish the rules for the provision of services for the delivery of goods. The client has the right to familiarize themselves with the rules for the provision of services for the delivery of the Goods on the Website.

6.6. The cost and terms of delivery are determined by the Seller in accordance with the tariffs of the Seller, Agent or Delivery Service.

6.7. In the event that the Services are not rendered due to the fault of the Client, the Seller shall have the right to demand their payment in full. The repeated call of the representatives of the Seller in order to provide the Delivery Services is paid by the Client at the rates of the Seller posted on the website.

6.8. Delivery refers to delivery that meets the terms of trade for the samples.

6.9. Under the "Free Shipping" refers to the delivery of goods purchased.

6.10. When transferring the Goods, the person transferring the Goods is entitled to demand a document certifying the identity of the Client or the Recipient, as well as indicate the type and number of the document provided by the Recipient in the accompanying documents for the Goods. The Seller guarantees the confidentiality and protection of personal data of the Client and Recipient in accordance with the terms of this Agreement. In case of non-compliance of the Name and Name of the Client or the Recipient indicated in the accompanying documents to the provided identity card, the delivery person has the right to refuse the Client or the Recipient to receive the Goods.

6.11. Upon receipt of the goods, the client or the recipient must inspect the goods for damage, check that the goods and the characteristics of the goods correspond to the Order. In case of acceptance of the Goods, the Client or the Recipient must put the necessary signatures in the accompanying documents or refuse to receive the Goods.

6.12. In case of loss of the Goods by the Delivery Service, the Seller, in consultation with the Customer, sends the Goods again within a reasonable time or cancels the Order with the return of funds to the Customer in accordance with the Agreement.

6.13. Photos of the Goods posted on the site are simple illustrations of it and may differ from the actual appearance of the Goods. Descriptions and characteristics of the Product do not claim to be exhaustive information and may contain typographical errors. Photos of the Goods are posted on the Site for informational purposes. The sale of the Goods presented on the website takes place strictly after the Customer’s visual and personal physical familiarization with the Goods.

 

7. Additional services

7.1. The seller is entitled to provide additional services as agreed with the Client, such as:

7.1.1. Preliminary acquaintance with the goods.

7.1.2. Installation of the goods.

7.1.3. Delivery of goods.

7.1.4. Selection of the size of the goods.

7.1.5. Non-warranty repair of goods.

7.2. The cost of additional services is determined by the Seller upon confirmation of the Order.

 

8. Exchange of goods of good quality.

8.1. The Client has the right to exchange any Good Quality Product purchased by him within 7 (seven) calendar days, not counting the day of sale.

8.2. Specified in paragraph 8.1. the right can be exercised if:

- the product was not in use;

- preserved its presentation, consumer properties;

- there is a receipt or cash receipt or other document confirming payment for the specified goods;

- the goods were not produced or placed under the order under a separate contract;

- the goods were not transferred to the Client or Recipient by the Agent or the Delivery Service;

- retained labels, packaging and labeling manufacturer.

8.3. The exchange of goods is carried out in the presence of a passport in the sales offices of Hodoor Performance. Delivery of goods to the sales office is carried out by the Client on its own and at its own expense.

8.4. The seller has the right to establish other conditions for the exchange of goods that do not worsen the conditions of the Client in accordance with this Agreement and the law. The client can find out about the existing service policies regarding the Goods in the Customer support service of the Seller by calling +7 (495) 255 04 59.

8.5. The exchange of goods of good quality when saving a product type is carried out only once.

8.3. The exchange of goods of inadequate quality is carried out in accordance with the Legislation of the Russian Federation.

 

9. Quality assurance of goods and services. Customer Requirements Associated with Defects in Goods and Services

9.1. Responsibility for the defects found in the product during the warranty period established by the Manufacturer shall be borne by the Manufacturer.

9.2. For the Goods for which the manufacturers (manufacturers) warranty periods are not set, the Seller sets the warranty period of 1 (one) year, not counting the day of sale.

9.3. The seller has the right to establish other (longer) warranty periods for certain types of goods.

9.4. Requirements stated by Clients upon expiration of warranty periods are considered by the Seller in the manner prescribed by law.

 

10. Return of goods of good quality

10.1. The Client has the right to return any Good Quality Product purchased by him within 3 (three) calendar days, not counting the day of sale.

10.2. Specified in paragraph 10.1. the right can be exercised if:

- the product was not in use;

- preserved its presentation, consumer properties;

- there is a receipt or cash receipt or other document confirming payment for the specified goods;

- the goods were not produced and placed under the order under a separate contract;

- the goods were not transferred to the Client or Recipient by the Agent or the Delivery Service; .

10.3. To return the goods, the Client has the right to:

- contact the sales office of Hodoor Performance;

- issue an application on the site;

- fill out an application via the Seller’s customer support service by calling 8 (800) 302 97 71.

10.4. Return of goods is carried out in the presence of a passport in the sales offices of Hodoor Performance. Delivery of goods to the sales office is carried out by the Client on its own and at its own expense.

10.5. In case the Goods were paid in cash, the refund to the Client is made within 10 (ten) working days from the moment of the return of the Goods by transferring the funds to the bank account of the Client.

10.6. In the event that the Goods are fully or partially paid for by non-cash funds, the funds will be returned to the Client within 10 (ten) working days from the date of the return of the Goods by transferring money to the Client’s bank account.

10.7. In the event that the Goods were fully or partially paid on the Website, the refund to the Customer is made within 10 (ten) working days from the date of return of the Goods by returning funds through the payment system Yandex.Kassa.

10.8. The client is responsible for the accuracy of the specified details for the return of funds.

10.9. Return of goods of good quality while maintaining the presentation of goods is carried out only once.

10.10. The seller has the right to establish other conditions for the return of goods of good quality that do not worsen the conditions of the Customer in accordance with this Agreement and the law. The client can find out about the existing service policies regarding the Goods in the Customer support service of the Seller by calling 8 (800) 302 97 71.

 

11. Additional Terms

11.1. Under the purchased goods means the paid and actually received goods.

11.2. The seller is considered to have fulfilled his obligations, and the Client acquires ownership of the goods from the moment the Client or the Recipient actually receives and receives the goods, which is certified by a check and the signature of the Client or Recipient in the accompanying documents for the Goods.

11.3. The Client is responsible for delivering the Goods to any of the persons specified by the Client in the Order. The Seller is not obliged to make sure that the authorities of those taking the Goods are authorized if they are indicated in the Order as recipients. The seller has the right to refuse delivery of the goods to persons not specified in the order or may require these persons to confirm their authority to receive the goods. However, the Seller or his representative is not responsible for transferring the Goods to the person named as the recipient if the details of the Customer or the recipient specified in the Order are sufficient (at the Customer’s choice) to identify the Customer or the recipient as an appropriate person. The client is fully responsible for the accuracy of the information indicated by him.

11.4. Any information specified by the Customer in the Order or during registration shall be deemed reliable and outgoing directly from the Customer. The Client bears all risks and losses associated with the placement of unreliable (incorrect) data in the formation of the Order and does not have the right to refer to their inaccuracy in the event of a dispute with the Seller.

11.5. All disputes and controversies associated with the execution of this contract are subject to consideration and resolution in the manner prescribed by law.

11.6. In the event that the Client is an individual entrepreneur or a legal entity, the preliminary pretrial procedure is mandatory. A claim relating to the conclusion, modification, performance or termination of this Agreement must be filed by the injured party within 10 (ten) days from the date of the occurrence of the relevant circumstance. The claim filed by the injured party must be reviewed within fifty (50) days from the day it was received. If an agreement is not reached, the relevant dispute shall be submitted for consideration and resolution to the Moscow Arbitration Court.

11.7. The seller has the right to assign or otherwise transfer his rights and obligations arising from his relationship with the Client to third parties without the consent of the latter.

11.8. The site may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The Seller’s Technical Service has the right to periodically carry out the necessary preventive or other works with or without prior notice to Customers.

11.9. The site contains objects of intellectual property (including objects of copyright, marks for goods and services). The user has the right to copy (download, download) the materials of the Site solely for personal use. Distribution, or other use of such materials is not allowed.

11.10. In case of any questions or complaints from the User or the Client, he should contact the Seller by phone or by other available means. The parties will try to resolve all disputes by negotiation, if it is impossible to reach an agreement, the dispute will have to be submitted to the judicial authority in accordance with the current legislation of the Russian Federation.

11.11. The recognition by the court of the invalidity of any provision of this Agreement shall not entail the invalidity of the remaining provisions.

 

12. Responsibilities of the parties

12.1. For violation of the terms of this Agreement, the parties are liable in accordance with the legislation of the Russian Federation.

12.2. The Seller shall not be liable for damage caused to the Client due to improper use of the Goods purchased from the Seller.

12.3. Any of the Parties shall be released from liability for the full or partial non-fulfillment of its obligations under this Agreement, if this failure was caused by force majeure arising after the conclusion of this Agreement.

12.4. The circumstances of the Force majeure mean extraordinary events or circumstances that such a Party could not have foreseen or prevented by the means available to it. Such extraordinary events or circumstances include, inter alia: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions of Russian or foreign government bodies, as well as any other circumstances beyond the reasonable control of any Party. .

12.5. Changes to existing legislation or regulations that directly or indirectly affect any of the Parties are not considered as Force Majeure Circumstances, however, in the event of such changes that prevent any of the Parties to fulfill any of its obligations under this

 

 

13. Confidentiality and protection of information

13.1. The personal data of the User / Client is processed in accordance with the Federal Law “On Personal Data” No. 152-FZ.

13.2. When registering on the Site, the User provides the following information: name, contact phone number, e-mail address.

13.3. The seller does not independently store personal data. The storage and processing of personal data is carried out by legal entities with whom the seller has entered into appropriate agreements for the use of software.

13.4. By providing their personal data to the Seller, the User or the Client agrees to their processing by the Seller, including in order to fulfill the Seller’s obligations to the User or the Client within the framework of this Public Offer, the Seller’s promotion of goods and services, conduct electronic and sms surveys, monitor the results of marketing campaigns, customer support, organizing the delivery of goods by the Customer, holding prizes among Users or Clients, monitoring the satisfaction of the User or Customer, and the quality of services provided by the Seller.

13.5. Under the processing of personal data is understood any action (operation) or set of actions (operations) performed with the use of automation tools or without the use of such means with personal data, including the collection, recording, systematization, accumulation, storage, refinement (update, change) use, transfer (including transfer to third parties, not excluding the cross-border transfer, if the need arose during the performance of obligations), depersonalization, blocking, deletion, destroyed ie personal data.

13.6. The seller has the right to send informational, including advertising messages, to the email and mobile phone of the User / Client with his consent, expressed by performing actions uniquely identifying this subscriber and allowing him to reliably establish his will to receive the message. The User / Client has the right to refuse to receive advertising and other information without explaining the reasons for refusal by informing the Seller about his refusal by calling +8 (800) 302 97 71, or by sending a corresponding application to the email address of the Seller: [email protected]. Service messages informing the User / Client about the Order and the stages of its processing are sent automatically and cannot be rejected by the User / Client.

13.7. The withdrawal of consent to the processing of personal data is carried out by withdrawing the acceptance of this Public Offer. If the acceptance is sent by mail, the notice of its withdrawal is considered to be received at the same time if it is contained in the general postal delivery. If the acceptance is sent by telegraph or other means of electronic communication, the notice of withdrawal of the acceptance must be considered received simultaneously with the acceptance, if it is received immediately after receipt of the acceptance.

13.8. The seller has the right to use the technology "cookies". Cookies do not contain confidential information. Upon acceptance of this public offer, the User / Client agrees to the collection, analysis and use of cookies, including by third parties for the purpose of generating statistics and optimizing advertising messages.

13.9. The seller receives information about the ip-address of the site visitor. This information is not used to identify the visitor.

13.10. The Seller is not responsible for the information provided by the User / Client on the Website in a generally accessible form.

13.11. The seller undertakes to prevent unauthorized access to information obtained during telephone conversations, and / or its transfer to third parties who are not directly related to the execution of orders, in accordance with paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection”.

 

14. Gift certificates

14.1. The Seller issues its own Gift Certificates (hereinafter referred to as the Certificate) and sells them to Customers.

14.2. Gift certificate is a plastic card with a unique code certifying the right of the Customer or the Holder to purchase goods from the Seller. The certificate can be used on the website of the Seller once, can not be exchanged and returned.

14.3. Holder ”- an individual to whom the Client, through the transfer of a Gift Certificate, has transferred his rights under this Agreement in terms of receiving goods sold by the Seller, corresponding to the nominal value of this Certificate.

14.4. Gift Certificate Validity Period - the period of time during which the Seller is obliged to transfer the holders of the Certificate to the Holders on the terms of this Agreement.

14.5. The seller is obliged to take into account the nominal value of the Certificate in rubles of the Russian Federation, as part of the value of the goods selected by the Holder on the Site when placing the Order.

14.6. The transfer of the goods to the Holder shall be carried out by the Seller after verifying the validity of the presented Certificate, on the dates specified on the Certificate and in accordance with the conditions specified on the Site and (or) on the documents accompanying them.

14.7. Non-fulfillment of actions aimed at using the Certificate in the period of validity is recognized as a refusal by the Client or the Holder of their rights under this Agreement and does not entail the obligation of the Seller to return to the Client or the Holder the money paid by them.

14.8. The obligations of the Seller to transfer the Certificates are considered fully performed at the time of purchase of goods under the previously paid Certificate or at the time of expiry of the Certificate, whichever comes first.

14.9. The Seller shall not be liable for the unauthorized use of the Certificate, since it is a document to the bearer and does not require the identification of the Holder.

14.10. Bonus rubles and points do not apply when you purchase a Gift Certificate.

14.11. It is not allowed to purchase a Gift Certificate by presenting another Gift Certificate.

14.12. In the case of theft, loss of the Gift Certificate is not subject to recovery, money will not be returned.

14.13. Validity of Certificates is 1 (one) year from the date of purchase.

14.14. The Seller reserves the right to make any changes to the conditions for applying for Gift Certificates at any time without prior notice to Customers and Holders. Information on these changes is available on the website, as well as by calling the Hotline +8 (800) 302 97 71. The client and the Certificate Holder must independently monitor the changes regarding the conditions for handling Certificates.