Terms and Conditions for client from EU
Online store (the Website/the Site) - located on the Internet at https://www.fotosklad.ru, fotosklad.eu, fotosklad.org, fotosklad.pro, fotosklad.me, fotosklad.online, fotosklad.am, fotosklad.ru, fotosklad.kz, fotosklad.uz, fotosklad.su, owned by PACTANIUM INVESTMENTS LTD, registration number HE361628, legal address: Lordou Vyronos 61, LUMIEL BUILDING, 6023 Larnaca, Cyprus, where the Goods for purchase are presented, as well as terms of payment and delivery of the Goods to Buyers.
Website Visitor - person using the Website without the purpose of placing an Order.
User - an individual, a visitor to the Site who accepts the terms of this Agreement and wants to place Orders in the Online store.
Buyer (Client, Consumer) - a User who placed an Order in the Online store.
Manufacturer - a legal entity, as well as an individual entrepreneur, producing goods for sale to consumers.
Customer Service (Call-center) - a subdivision dealing with the processing of requests and informing via voice communication channels, as well as by e-mail and regular mail.
Goods - photo - and video - cameras/equipment and other gadgets, mobile phones and other goods presented for sale on the Site.
Order - a duly executed request of the Buyer for the purchase and delivery to the address indicated by the Buyer / by means of self-pickup of the Goods selected on the Site.
1. General provisions
1.1. The site is owned and administered by PACTANIUM INVESTMENTS LTD ("we", "us", "our"), registration number HE361628, legal address: Lordou Vyronos 61, LUMIEL BUILDING, 6023 Larnaca, Cyprus.
1.2. When accessing this website, when ordering Goods through the Online store, the Client ("you", "your") confirms that the Client is familiar with these Terms and Conditions (hereinafter - the Terms), and also fully and unconditionally accepts them. In case of disagreement with these Terms, the User is obliged to immediately stop using the service and leave the site. These Terms set forth the general terms and conditions for the use of the Website by the User and purchase of Goods by the Buyers.
1.3. PACTANIUM INVESTMENTS LTD reserves the right to modify this Agreement or its policies relating to the Website or services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
1.4. Additionally, the conditions are recognized as accepted by the Site Visitor / User / Buyer from the moment the Visitor visits the Website/registers on the Site, the Buyer places an Order, or from the moment the call center operator accepts the Order from the Buyer by phone.
1.5. In the case of promotional events (promotions), in the conditions of promotions posted on the Site, special provisions may be established that regulate the procedure for placing an order and returning goods. In this case, the terms of the promotions are an integral part of these Terms and Conditions and shall be applied to persons participating in the promotions. Online Store reserves the right to amend the conditions for conducting incentive events, in connection with which the Client undertakes to regularly monitor these changes.
1.6. By placing an Order, the User / Buyer agrees that the Online Store can entrust the execution of the Agreement to a third party.
1.7. By accepting these Terms, the Buyer agrees to receive advertising mailings carried out by the Online Store and third parties involved by them.
2. Subject of the agreement
2.1. The subject of this Agreement is to enable the User to purchase for personal, household and other needs (not related to business activities), the Goods presented in the online store.
2.2. This Agreement applies to all types of Goods and services presented on the Site.
3. Registration on the site
3.1. Registration on the Site is carried out using the "New User Registration" window, or automatically, at the first order, with reference to the Client's phone number.
3.2. The User is responsible for the accuracy and correctness of the information provided by him during registration.
3.3. The User undertakes not to disclose to third parties the login and password generated for the User during registration. The user is responsible for the safety of the specified data and information.
If the User has any suspicions about the security of his username and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify PACTANIUM INVESTMENTS LTD by sending an e-mail to firstname.lastname@example.org.
3.4. If during registration or placing an order the Client did not specify an e-mail address, he will not receive informational e-mails about the status of the order. In this case, the client must independently track the status of the order by contacting the Customer Service.
3.5. Communication of the Website Visitor / User / Buyer with Call Center operators / managers and other representatives of the Online Store should be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, abuse, offensive language, as well as threats and blackmail, no matter in what form and to whom they were addressed.
3.6. By registering on the Site, the Client agrees to receive advertising and service messages sent to the email address specified during registration, as well as via SMS messages and through the Customer Service, about the status of the order. The Client's refusal to receive these messages shall be notified by contacting the Customer Service.
4. Goods and purchase procedure
4.1. An offer for the sale of Goods is valid during the period of availability of the Goods in stock. In the absence of the Goods ordered by the Buyer, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, notifying the Buyer about this by sending an appropriate e-mail to the address indicated by the Buyer during registration, or by SMS notification, or by calling the Customer Service.
4.2. The manufacturer reserves the right to change the characteristics of the Goods, its appearance and completeness without prior notice to the Online Store. The manufacturer of the Goods is responsible for these changes.
4.3. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned to the Buyer in the manner in which the Goods were paid for, or by the method by agreement of the parties. To make a return, the Buyer fills out an application for a refund, a sample of which can be obtained from the Customer Service.
4.4. The Buyer is fully responsible for the provision of incorrect information, which entailed the impossibility of the Online shop's proper performance of its obligations to the Buyer.
4.5. After placing the Order on the Site, the Buyer is notified about the estimated delivery date via email to the address specified by the Buyer during registration, or by phone.
4.6. The delivery date indicated on the website is approximate and is subject to clarification by the Customer Service when confirming the Order. The Customer Service operator serving this Order specifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Online store's stock and the time required for processing and delivery of the Order.
4.7. The expected date of receipt of the Order by the Delivery Service is communicated to the Buyer by the Customer Service operator serving the Order, by e-mail or during a test call to the Buyer.
4.8. In the case of the payment method "upon receipt" is chosen, the Buyer is obliged to receive the goods within seven calendar days from the date of receipt of the goods at the pick-up point specified on the Website and in the order confirmation.
5. Delivery of the order
5.1. The methods, as well as the approximate delivery time of the Goods, are indicated on the Site in the "Delivery and Payment" section. Specific delivery times can be agreed between the Buyer and the Customer Service when confirming the order.
5.2. The territory of delivery of the Goods presented on the Site is limited to the list of locations (delivery zones) presented on the Site. The Online Store has the right to refuse to deliver the Order to the Buyer if he is not included in the delivery zones.
5.3. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible to receive the Order, which is payable upon receipt by the above persons, the Order can be handed over to a person who can provide information about the Order (shipment number and / or full name of the Recipient), as well as pay the Order in full to the person delivering the Order.
5.4. In order to avoid cases of fraud, as well as to fulfill the obligations specified in clause 5 of this Agreement, upon delivery of the prepaid Order, the person delivering the Order has the right to request a document proving the identity of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt to the Order.
5.5. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Order Recipient affixes his signature in the documents confirming the receipt of the Order.
5.6. The cost of delivery of each Order is calculated individually, based on information about weight and overall characteristics of the Goods, region and method of delivery, as well as (if necessary) the form of payment. The preliminary cost of delivery of the Order is indicated on the Site at the last stage of ordering.
If the Client changes the parameters of the Order by agreeing with the operator of the Customer Service, including but not limited to such as: delivery service, and / or delivery address, and / or delivery time, and / or method of payment, and / or quantity of goods in the order, and etc. , the cost of goods and the cost of delivery can be recalculated by Online Store, and, if it increases, the Buyer shall pay the difference.
5.7. The obligation of the Online store to transfer the goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Recipient or receipt of the Goods by the Recipient at the post office or at the pre-agreed place of issue of the Order (including at the pick-up point).
5.8. At the time of receipt of the Order, the Recipient (Buyer) is obliged to visually inspect the Goods, check the declared quantity, assortment and completeness, check the integrity of the outer packaging, check for mechanical damage to the goods.
Upon acceptance of the goods, claims for the quantity, assortment, completeness, external (mechanical) damage to the Goods, including claims for the integrity of the packaging, will not be accepted.
5.9. The couriers delivering the Goods at the address of the Recipient shall wait to hand-over the Goods no more than 15 minutes after the time of delivery.
5.10. Partial redemption of the Goods is not allowed.
6. Payment for goods
6.1 The price of the Goods shall be in EUR and include value added tax if applicable.
6.2 The price of the Goods is indicated on the Site. In case of an incorrect indication of the price of the Goods ordered by the Buyer, Online store informs the Buyer about this in order to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Buyer receives refund in the amount paid for the Order in the same way in which it was paid.
6.3 The price of the Goods on the Site is not final. The final price is indicated upon order confirmation. The price of the Goods paid by the Buyer cannot be changed. The price of the Goods may vary by region.
6.4 In order to avoid cases of various kinds of unlawful use of bank cards when paying, all Orders placed on the Site and prepaid with a bank card are checked by the Online Store. In order to verify the identity of the owner and his eligibility to use the card, Online Store has the right to demand from the Buyer who issued such an order to present a valid ID.
6.5 Online Store has the right to limit the payment methods available to the Buyer at his own discretion.
7. Return of goods and cash
7.1 Return of the Goods of proper quality.
7.1.1. The Client has the right to change the purchase decision and refuse the ordered Goods at any time before receiving it, and after receiving the Goods - within 7 days, not counting the day the Goods were handed over to the Client. The return of the received Goods of good quality is possible if its consumer properties, including the original packaging, and also (if any) a document confirming the fact and conditions of purchase of the specified Goods are preserved by the Buyer.
7.1.2. The Client does not have the right to refuse the Goods of good quality, having individually defined properties, if the specified Goods can be used exclusively by the Client who buys it.
7.1.3. If the Client refuses the Goods in accordance with clause 7.1.1. Of the Conditions, the Online Store returns to him the cost of the returned Goods, with the exception of the expenses for the delivery of the returned Goods from the Client, no later than 10 calendar days from the date of receipt by the Online Store of the Goods and a written application from the Client with the obligatory indication of the bank details to which the funds must be returned. The application is deemed to have been submitted in the proper form if it is made in writing with the Client's handwritten signature. The Client's application for a return is transmitted simultaneously with the Goods, from which the Client refuses.
7.1.4. The exchange of the Goods is carried out by returning the Goods to the Online store, the subsequent cancellation of the Order or the Goods, then placing a new Order. In this case, the cancellation is a technical act and does not imply the Online store's refusal to perform the contract. The funds are returned to the Client in the same way in which they were paid.
7.1.5. If, at the time of the Client's request, a similar Goods is not on sale, the Client has the right to refuse to execute the contract of sale and demand the return of the amount paid for the specified Goods. The Online Store is obliged to return the amount paid for the returned Goods within 3 calendar days from the date of receipt of the Goods returned by the Client.
By agreement between the consumer and the Online Store, the exchange of goods may be provided upon receipt of a similar Goods, in case the Online Store undertakes to immediately inform the consumer about the receipt of a similar Goods.
7.1.6. An exchange or return of a Goods of good quality is carried out if the specified Goods was not in use, and only in case the following is preserved: consumer properties, the original packaging of the Goods, seals, factory labels, etc. and the Buyer can provide the document confirming payment for the specified goods.
If traces of the operation of the Goods are found (including the absence or traces of the barcode, breaking the seal, etc.), the Online Store reserves the right to refuse to return the funds on this basis.
The costs of the Online Store associated with the exchange and return of goods under clause 7.1.6. are borne by the Client.
7.2 Return and replacement of goods of inadequate quality
7.2.1. The Client may return the Goods of inadequate quality, including to the manufacturer or the Online Store, and demand a refund of the amount paid within the warranty period, shelf life or, if no such period has been established, within a reasonable period not exceeding two years. The client may also demand replacement of the Goods of inadequate quality or elimination of defects.
With regard to a technically complex Goods, the Client, if defects are found in it, has the right to return the Goods to the manufacturer or the Online Store and demand a refund of the amount paid or file a demand for its replacement within fifteen days from the date of receipt of such Goods by the Client.
7.2.2. If necessary, the Online store has the right to check the quality of the goods. The consumer has the right to participate in checking the quality of the goods.
In the event of a dispute about the reasons for the occurrence of defects in the goods, the Online Store is obliged to conduct an examination of the goods at his own expense. The consumer has the right to be present during the examination of the goods.
If, as a result of the examination of the goods, it is established that its deficiencies have arisen due to circumstances for which the Online Store (manufacturer) is not responsible, the consumer is obliged to reimburse the Online Store for the costs of carrying out the examination, as well as the costs associated with it for storing and transporting the goods.
7.2.3. If the Client refuses the contract and claims to return the amount of money paid for the Goods, the cost of the Goods is subject to return to the Client within 10 days from the end of the quality check of the Goods, or if such a check was not carried out, from the moment the Online Store receives a written application from the Client with the bank details to which the funds should be returned. The application is deemed to have been submitted in the proper form if it is made in writing with the Client's handwritten signature. The Client's application for a return is transmitted simultaneously with the Goods, from which the Client refuses. The goods must be handed over together with the originals of the warranty card and the report of the service center (if any).
7.2.4. In the event that the consumer detects defects in the goods and submits a request for its replacement, the Online store replaces such goods within 7 working days from the date of receipt by the Online Store of a written application from the Client with the obligatory indication of the postal address to which the replaced goods should be sent.
In the event that it is necessary to carry out quality checks of such goods, the Online Store replaces such goods within 20 days from the date of the specified requirement.
If the Online Store, at the time of the presentation of the Claim, does not have the goods necessary for replacement, the replacement must be carried out within 1 month from the date of the presentation of such a demand.
In any case, the Application is deemed to have been submitted in the proper form if it is drawn up in writing with the Client's handwritten signature. The Client's application for a return is transmitted simultaneously with the Goods, from which the Client refuses. The goods must be handed over together with the originals of the warranty card and the report of the service center (if any).
7.3.1. Refunds are made in one of the following ways:
7.3.2. in cash - only in case of payment in cash;
7.3.3. to the bank card from which the payment was made - in case of payment by bank card;
7.3.4. to the account in other alternative payment method - in case of payment by the alternative payment method (in case it is available at the time of payment).
8.1. Online Store is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.
8.2. Online Store is not responsible for the content and functioning of external sites.
9.1. What Personal Data do we collect?
We will collect and process personal information if you voluntarily provide us with such information in connection with the following:
- Any identifying information such as your name, telephone number and email address when you register for an account with us.
- Buying or selling information you provide during a transaction, or other transaction-based content that you generate or is connected to your account as a result of a transaction you are involved in.
- Financial and billing information (such as credit card or bank account numbers) in connection with a transaction with us, which is held by our trusted payment processing service providers.
- Your information when you submit the feedback and support form and/or information when you otherwise correspond with us regarding our Services.
- Additional information we are required or authorized by applicable national law to collect and process in order to authenticate or identify real estate agents.
9.2. What is the purpose and the legal basis of processing your personal data?
Depending on how you interact with us, we will process your personal data in order to:
- Provide, improve, and personalize our Services;
- Contact you about your account and provide you customer service;
- Personalize our advertising and marketing communications;
- Prevent, detect, mitigate, and investigate fraudulent or illegal activities.
If your personal data are not provided or not provided correctly, we will be unable to provide our Services. For marketing purposes and promotional actions regarding our clients, we consider that we have a legitimate interest in promoting our business.
9.3 Data Retention
We will retain your personal information as long as it is necessary and relevant for our operations. We may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation and take other actions permitted or required by applicable national laws. After the data retention period, we delete your personal information in a secure manner according to our data retention policy.
9.4 Withdrawal of consent
When you receive our promotional emails or newsletters, you may unsubscribe from our mailing list at any time through the instructions that we provide you with in each email.
In the event that you withdraw your consent, this will not affect the legality of the processing carried out previously.
9.5 International Transfer of personal data
Your personal data may be transferred out of the European Economic Area, processed by third party companies. In any case, your data will be adequately protected under appropriate safeguards such as E.U. Commission approved standard contractual clauses.
9.6 Security Measures
We will process your data at all times in a confidential way and maintain the mandatory duty to secrecy with regard to said data, in accordance with the provisions set out in applicable regulations. For this purpose, we adopt measures of a technical and organizational nature required to guarantee the security of your data and prevent them from being altered, lost, processed or accessed illegally, depending on the state of the technology, the nature of the stored data and the risks to which they are exposed. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls as well as the limitation of the data we use for you in a way that your identity cannot be revealed by them.
9.7 Exercise of Rights
We undertake to keep your personal data confidential and to ensure that you may exercise your rights at any time free of charge. In particular, notwithstanding the purpose or legal basis we use to process your data, you have the following rights:
- To obtain confirmation about whether or not your personal data are being processed by us and to request access to your personal data that we hold;
- To rectify any inaccurate or incomplete data;
- To request that we erase your personal data to the extent that they are no longer necessary for the purpose for which we need to keep processing them, as we have explained above, or when we are no longer legally permitted to process them;
- To request that we limit the processing of your personal data, which entails that in certain cases you can request us to temporarily suspend the processing of the data or that we keep them longer than necessary;
- If you have given us your consent to process your data, you also have the right to withdraw such consent at any time;
- To request the portability of your personal data.
Finally, we inform you that you have the right to lodge a complaint regarding the processing of your personal data by us before the Personal Data Commissioner’s Office.
10.1. Online Store 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.
10.2. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work, or for any other technical reasons. The technical service of the online store has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
10.3. In case of any questions and claims from the User / Buyer, he has the right to contact the Online Store or the Customer Service by phone or in any other accessible way.
10.4. You hereby agree that we assume no responsibility and disclaims any claims (whether civil, criminal, indirect or ancillary) due to any dispute, act or omission in connection with the negotiation, conclusion, validity or performance of such agreement or contract and generally due to any dispute arising between Online Store and Buyer.
10.5. in case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
10.6. You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
11. Governing Law
This Agreement and any disputes shall in all respects be exclusively governed by and interpreted in accordance with the laws of Cyprus and the parties hereto agree to submit to the non-exclusive jurisdiction of the courts of Cyprus.