Общие положения и условия
Онлайн-заказ и общие условия.
Мы предлагаем вам внимательно прочитать следующие условия онлайн-трейдинга на веб-сайте www.araexpress.am (далее по тексту - «araexpress» или Веб-сайт), прежде чем нажать кнопку «Я согласен с Пользовательским соглашением», определяющую заказ на покупку, условия использования и общие условия пользования Сайта. При покупке товаров на сайте www.araexpress.am вы подписываете сделку (заказ) о покупке, которая порождает взаимные обязательства.
Регистрируясь на веб-сайте www.araexpress.am в качестве пользователя учетной записи или просто используя продукты и услуги, предлагаемые веб-сайтом, вы подтверждаете, что прочитали пользовательское соглашение (далее также Соглашение) и принимаете все содержащиеся в нем условия. Мы советуем не использовать Услуги и Продукты, предлагаемые Веб-сайтом, если условия Соглашения и заказ онлайн-торговли не являются приемлемыми для вас.
By registering on www.araexpress.am website as an account user or simply using the Products and Services offered by the Website, you confirm, that you have read the user agreement (hereinafter also Agreement) and accept all the terms and conditions contained therein. We advise not to use the Services and Products offered by the Website unless the terms of Agreement and the online trade order are not acceptable to you.
Subject and scope of Agreement.“araexpress” invests all efforts to provide a warehouse of the proposed products, which will enable you to get the desired product as quickly as possible. In all cases you must take into consideration that the actual availability of the products offered by us on the Website is also conditioned by our suppliers and partners, and consequently “Incript” LLC (address: 10 Adonts str, 0021, Yerevan, Armenia) (hereinafter also Company) has the right to cancel your order if we can’t deliver it within reasonable timeframe because of the absence of the ordered goods in our warehouse or because of longtime shipment in case of order by Company from the manufacturers. In the event that we can’t fulfill your order, we will notify you by e-mail, online chat on Website or phone call, which are considered as an appropriate notice within the framework of this Agreement. In this Agreement you act as a “User” or “Buyer” or “you” or “your”. We are individually or collectively act as “araexpress” or “we” or “us”.
- Online sales order and general terms and conditions (hereinafter referred to as General Terms) apply to all online purchase orders at AraExpress online store at www.araexpress.am. AraExpress online store’s as well as the Website’s owner is "Incript" LLC, which is the legal party of purchase transaction in the scope of this Agreement.
- The Company does not accept controversial, false, ambiguous, duplicate or misleading provisions and terms.
- Registered users for online purchases at www.araexpress.am may be both individuals and legal entities.
- General Terms equally apply to both individuals and legal entities.
In connection with using or accessing the Products and the Services offered by the Website you WILL NOT:
- breach or circumvent any laws, third-party rights or our systems,
- use of technical assistance in any way in order to interfere with other users' lists of orders,
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content,
- take any action that may undermine the feedback or ratings systems,
- transfer your “araexpress” account (including Feedback) and user ID to another party without our consent,
- distribute viruses or any other technologies that may harm “araexpress” or the interests or property of users,
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Products/Services for any purpose, except with the prior express permission of “araexpress”
- nterfere with the service provided by “araexpress”
- nfringe the copyright, illegally use a trademark, patent, Website design and appearance, database and / or other intellectual property objects,
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Website or post content that does not belong to User,
- commercialize “araexpress” any application or information or software associated with such application, except with the prior express permission of “araexpress”
- harvest or otherwise collect information about users without their consent.
If we believe you are abusing “araexpress” and/or our Products/Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our proposed Products and Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Website.
If we believe you are violating the rules of use and Agreement, you may be subject to a range of actions, including limits on your buying privileges, restrictions on listings and account features, suspension of your account, etc./p>
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Products/Services. Additionally, we reserve the right to refuse or terminate all or part of our Products/Services to anyone for any reason at our discretion.
- Submission of Goods on the Website is considered to be a non-binding purchase invitation to potential buyers of an uncertain circle.
- The Website provides product information (including pictures, description, and features). Product information also includes copyright, trademark and intellectual property rights related items. The name “araexpress”, as well as trademarks, names, designs, Website appearance related to www.araexpress.am which are used when rendering services by the Company, are trademarks owned by the Company in the Republic of Armenia, services identification or Website distinguishing marks. They can’t be used without the prior written consent of the Company.
- The process of online purchases of goods through "araexpress" consists of six phases:
- Choice of desired products by the button “Add to cart”.
- Check all items in the basket, if necessary make changes, add or remove selected products. Then click on the "Check out" button to log in to the system and for passing the formulation process.
- Access with help of login and password from the User’s account or through a social authentication or as a Guest.
- Fill in the invoice the necessary information about the Buyer.
- Choice of delivery method and address addition.
- Choose the preferred payment method on the “Check out” page, bank card or other needed data supplement and confirmation of acceptance of all purchase conditions. At this stage, User can still change invoice certain data. After that, when making sure that the goods in the basket are accurate, clicking on the "Buy" button, the order will be made and binding.
- Upon confirmation of the Order, a copy of the Order and an invoice will be sent to the User's e-mail address.
- The Company may, at its discretion, accept or reject the Order. In case of acceptance, the Company sends the Order confirmation and delivery process notification to the User's e-mail address. Unless otherwise specified, the date of the Purchase Order is considered the date on which the Company sends a notice on the confirmation of the User's Order.
Prices, shipping costs, taxes and fees.
- All prices for the product on the Website are in Armenian drams (AMD).
- The price mentioned on this Website includes all taxes.
- The mentioned price of the product includes the bank transfer fee.
- In case of return of the purchased product, the bank transfer fee for return of payment will be made at the expense of the Buyer(User), except in case of return of defective product(s).
- In case of possible inaccuracies in the Website or technical problems related to the Order and item price, Company retains the right to correct the inaccuracy and to charge the right price. In such a situation, the Company will contact the Buyer and offer the option to purchase goods in real conditions or cancel the Order.
- Users can choose one of the payment methods described on the Website. The Company retains the right to temporarily suspend, exclude or include certain payment methods.
- The payment is made:
- Online, by ArCa payment system (Arca, Visa, MasterCard, American Express, etc.),
- By cash,
- Via bank transfer.
- In the case of choosing a cash payment option, the Buyer undertakes the responsibility to pay for the product at the rate of 100% of the amount specified on the Site at the time of delivery of the ordered product.
- Except as provided in paragraph 3, the payment is made on 100% prepayment basis for the price of the ordered goods.
Delivery.Delivery is carried out throughout the Republic of Armenia. Payment terms for the delivery depends on the quantity, price, and/or delivery distance and can be changed about which the Buyer will be notified in advance by any means of communication. The order is delivered by the “araexpress” chosen means of transport. From the moment the User completes his order at the “araexpress” online shopping Website, Company provides the expected delivery time with the minimum and maximum terms, as well as delivery fee depending on delivery distance and Order price. “araexpress” carries out all possible measures to deliver the Order on time.
- Company will fulfill the delivery of the Order within a specified time after the User completes the full payment, except for the cases of choosing cash payment method. Delivery time may be prolonged in case of force major within a reasonable period of time or in other cases for which the Company is not responsible- such as strikes, technical or other issues in the telecommunications industry, etc.
- All products are the property of the Company up to the moment as long as for ordered goods are not fully paid to the Company's account.
- In case of online purchases of software/licenses, the download is made at the Buyer's own risk who is responsible for downloading the software(s) from www.araexpress.am and for activating by license keys with the right steps. The sale of the right to use the Software/licenses is carried out through the Website in which case the license activation code in pdf format is sent to the User/Buyer's e-mail, which is considered to be the proper delivery of the purchased goods.
- The Company is not liable for possible legal limitations in the procurement and download of software, which may be defined by the export regulations, by legislation and regulations of other states.
Purchased product return or replacement and Money back Conditions.
- In the manner prescribed by Article 23 of the Law of the RA on "Protection of Consumers' Rights", “the Buyer has the right to return or replace a good quality non-food product with a product of another size, shape, color, or similar complement to the seller from whom the purchased goods or in the place declared by the Seller if the goods are not suitable in the form, for drawings, colors, sizes or other reasons, may not be used by the consumer at its own discretion, with the exception of cases set forth in paragraph 2 of the article and the list of goods defined by the Government. Buyer shall have the right to replace or return the good quality goods within 14 days after the goods have been delivered, unless the seller has declared a longer period. The term of return of goods of good quality is considered to be preserved if the consumer has transferred it to a postal, courier, transport or other delivery service within 14 days from the date of receipt of the goods”.
- You may return the goods within 14 days of delivery to you, as long as it is in new condition and has the original packaging. Company has the right to refuse acceptance of goods within 14 days if the goods are returned by the Buyer in damaged way or without original packaging. No returns are accepted over 14 days. We only accept returns of the goods/products we sell directly to you. In case of a return of the purchased goods to the Company, transportation costs shall be made by the User and at its expense, except in case of return of defective product(s).
- The Company accepts the goods to be returned or replaced at its location and, in the case of return, Company does not have the obligation to transport the goods.
- Buyer is responsible for the loss of or any part of the product, or for any circumstance that led to a decrease in product value. In the event of a return or replacement of the product, the Company shall have the right to reduce the price of the product proportionally to the resulting loss -replacing the difference with the equivalent product or by returning the amount of the difference after damage’s cost reduction.
- Buyer has the right to demand a refund and cancel the Order if Buyer does not receive the goods after the deadline for delivery.
- When the Buyer applies for a replacement or refund within a period of 14 (fourteen) days, the Company shall, within 3 (three) business days, respond to the Buyer about the reasons for the satisfaction or refusal of the application.
- If a replacement or exchange is agreed upon, and the Buyer is informed via email, call or otherwise, from that moment Buyer has 5 (five) business days to ship the item back to the Company at its expense, except in case of return of defective product(s).
- If the Buyer doesn’t ship the item within 5 (five) business days, the replacement or exchange will be closed and the application is deemed appropriate by the Company.
- In case of a return or replacement, the return of the amount (amount difference) may be exclusively in the case when the goods have been returned to the Company's warehouse in an acceptable condition for the Company.
- In case of refund, the Company shall return the amount to the account of the Buyer within 10 (ten) business days from which the payment was made or to another account specified by the Buyer in written form.
- In case of return of goods, the amount is subject to refund, if:
- The Buyer didn’t receive the item once the item’s latest estimated delivery date has passed.
- The delivered item does not meet the Website description of the product and technical standards.
- Delivered item is damaged or defective.
- The product has been returned within 14 (fourteen) days in the same condition as shipped, without damaging both the product and its original packaging.
- The product(s) and amount shall not be refunded if:
- Buyer periodically make orders, but returns the goods with various unjustified reasons.
- The goods are returned by the Buyer in a damaged state or in the absence of details of the product.
- The goods are damaged after delivery to the Buyer or after the Buyer has purchased from the Company's warehouse, when the carriage is organized and carried out by the Buyer at its own expense and risk.
- After submitting claim for return or replace the purchased item and after getting Company's consent, the Buyer within 5 (five) business days does not represent the product to the Company.
- The claim for return of product(s) and money is submitted after 14 (fourteen) days from the moment of receiving the product(s).
- In the event that the Company qualifies the goods as non-refundable, the Buyer shall be notified about the refuse of the refund, and no compensation is anticipated.
- If Company suspect you’re abusing the return policy (for example by returning products on multiple occasions or on a seasonal basis), we reserve the right to refuse your return as an unauthorized abuse of the online purchase and block the User.
Use of personal data.Within the scope of this Agreement personal information is the information related to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly. We use personal information from you when you use our Services. User’s personal data is used exclusively to provide services and make them more comfortable, to contact with the User according to the issues related with the account and services provided, in order to offer other services to the User, as well as for identifying, preventing, mitigating, and investigating fraud or illegal activity during online purchases. By accepting General Terms of the User Agreement the User grants his/her right to use personal information exclusively for the use within the Website.
- You need to enter the login, password and email in order to register on the Website. Company may also need the User's other information to provide/send invoices. Users are responsible for correct, confidential, and up-to-date information.
- When filling in the contact data form, the User realizes that the personal data which is entered may personalize him/her as a natural person or as an authorized representative of a legal entity, creating obligations.
- The Company is not liable for any consequences that may result from incorrect, incomplete or false information or as a result of the change in User's Order done by the User itself.
- In case of online payments, the User should choose the payment method and fill bank account data details. Company does not receive detailed information (such as payment card numbers, data), but instead receives information on whether the payment has been made successfully or not.
- By placing the Order, the User agrees that his/her contact information and payment information may be used in the payment process and for the execution of the Order.
- The Company's activities must comply with the provisions of the RA Law on “Personal Data Protection” and should be taken all possible measures to protect the privacy and security of personal data of Users.
- The Company will disclose personal data of the Users to third parties only to the extent required for the payment process, to apply and execute the purchase order, to comply with legal and administrative obligations, to detect, prevent, mitigate, and investigate fraudulent or illegal activities related to online trading.
- The Company will not disclose the personal data of the Users to any third party without the express written consent of the User for marketing and/or advertising purposes.
- As long as it has not been proven that the Company has made breaches as a result of intention or obvious negligence, claims for damages or cancellation of a purchase order based on overdue delivery is excluded. However, the full extent of the Company's liability can’t exceed the price of ordered product(s). No other liability can be imposed on the Company.
- Products sold by “araexpress” are warranted solely for those the manufacturer has the appropriate warranty.
- The warranty is valid for the period specified therein and in case of detection of product defects when the product has been used in accordance with the conditions and purpose of use specified by the manufacturer.
- The warranty does not cover damage caused by misuse, abuse, unauthorized modification, improper storage conditions, lightning, or natural disasters.
- The products of third parties that are sold by “araexpress” are covered only by warranties issued by the actual product manufacturers and the Company has no obligation to provide other warranties.
Dispute resolution procedure and applicable legislation.
- Disputes arising within the framework of the Agreement are resolved through negotiations and, in case of non-reconciliation, the disputes shall be subject to review and settlement by the courts of the Republic of Armenia as prescribed by the legislation of the Republic of Armenia.
- Disputes shall be subject to settlement according to the legislation of the RA, regardless the citizenship and/or residency of the disputable relation entities.
The authorization to contact with the User.
- On behalf of “araexpress” with the User can be contacted by phone calls, online chat or via e-mail.
- “araexpress” may contact using any telephone number that the User has provided for the following purposes:
- notify regarding User account,
- troubleshoot problems with the account,
- resolve a dispute,
- poll User opinions through surveys or questionnaires,
- during service User's account and/or Order mattes arising out of necessity and/or other matters within the scope of the implementation of this Agreement,
- due to legal issues and applicable legislation.
- On behalf of “araexpress” may also contact you by using autodialed or prerecorded calls and text messages for marketing purposes and new information.
- The use of User personal data by "araexpress" is due to the permission granted by this Agreement and governed by the Privacy Notice. The possible disclosure, retention and protection of the User personal data is regulated by the RA Law on “Personal Data Protection”.
- If you do not wish to receive such communications, you may change your communications preference at any time, or simply deactivate them.
- “araexpress” may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with “araexpress” or its agents for quality control and training purposes, or for Website protection, security of transactions, detection and prevention from fraudulent and illegal transactions.
- The Company may without the prior written notification and notice, in whole or in part, assign, transfer to the third party, or otherwise dispose of its rights and obligations set forth in the Purchase Order accepted by the User. Users have no right to delegate the Purchase Order to any other person or to any rights and/or liability within the framework of this legal binding Agreement.
- If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In this case, the invalid or ineffective provision is replaced by another provision, which is more relevant to the overall economic and legal content of the document.
- Any amendment will be posted on the Website. From that moment, the Users are considered to be properly informed about that. This Agreement may be amended at any time by the Company. Additionally, amendments’ notifications also should be sent to User's e-mail addresses. The Company is not liable for any problems arising from the failure to receive letters and/or notifications due to the technical problems of Users' e-mail addresses. Continuous use of our services by Users is considered as acceptance of the amended provisions of the General Terms.
- The User Agreement and the Purchase Order are considered as a complete agreement between the User and the Company and prevail over all previously possible signed contracts.
- Sale and delivery are carried out exclusively in the territory of the Republic of Armenia except for the sale of the Software (licenses).
- The General Terms are regulated in accordance with the RA legislation.