TERMS AND CONDITIONS OF SALE IN THE TOUS E-SHOP (Russia)
1 Object and scope
The present terms and conditions of sale are aimed to regulate the relationship between Russian Retail Holding (hereinafter - Tous® or the Company or We), a Russian company with registered business in 111250 building 1, 6 Proezd Zavoda Serp I Molot, Moscow, Russia and You (hereinafter, You or Customer), concerning all the transactions made through the website www.tous.ru
For all questions related to sale and purchase of the Products throught the website www.tous.ru You can contact our Customers Service by phone 8 800 100 10 29 or by mail to firstname.lastname@example.org. The Customers’ Service is available from Monday to Friday (9.00 – 18.00 Moscow time).
2.1 “Courier” shall mean a company or person engaged by the Company for delivery of Products to the Customer.
2.3 “Customer’s Personal Account” or “Personal Account” – shall mean a personal profile of the Customer in the E-Shop, where the Customer using his personal information (e.g. login, password and email) can get information about his/her Order history as well as place a new Order.
2.4 “E-Shop” shall mean Company’s trade organization, located on the Website at: www.tous.ru and designed to provide the Customer with information necessary for purchase Products, including the range of Products, prices, methods and conditions of payment and delivery methods.
2.5 “E-Shop Products Catalogue or Catalogue” - shall mean all the Products, gift certificates and, if applicable, services, available in the E-Shop. The Products indicated in the Catalogue can be changed, substituted or discontinued in time at the discretion of the Company.
2.6 “Jewelry” – shall mean the Products made of precious metals and their alloys or Products made from the materials of natural or synthetic origin using different types of decorative treatment, with inlays of precious stones, which are considered as jewelry in accordance with the Russian law.
2.7 “Law on the consumers’ rights protection” – shall mean the Russian law dd. 07.02.1992 ?2300-I “On the consumers’ rights protection” and any other law or regulation enforced in accordance with the relevant Law.
2.8 “Products” – shall mean the consumer goods bearing the trademark belong to Tous® or/and any company of the Tous Group of companies, which are offered for sale in the E-Shop Products Catalogue and selected by the Customer in the Order.
2.9 “Purchase Order” or “Order”.- shall mean the data message issued by the Customer to apply for the purchase of the Product and by means of which Customer is willing to purchase such Product in the quantities, price, terms and conditions set out therein.
2.10 “Parties” shall mean Company and Customer.
2.11 “Personal data” means any information related to the Customer (name, contact details etc.).
2.12 “Purchase confirmation”- shall mean the data message issued by the E-Shop and by means of which the Company accepts to supply the Product to the Customer in accordance with the Order. The Purchase Confirmation confirms the Company has sold and the Customer has purchased the corresponding Product and states the moment of the purchase. The message includes an Order number so that the Customer may monitor the delivery of his/her Product.
2.14 “TOUS boutique” or “TOUS boutiques” shall mean TOUS static stores located in Russia and authorized to sell Products to the Customers. The list of TOUS boutiques is available on the Website.
2.15 “Website” – shall mean the website located at www.tous.ru, administered by the Company or any person autorised by the Company and used for the purposes of the E-Shop operating.
3 General terms
3.1 These Terms and Conditions stipulate the order of sale and purchase of the Products in the E-Shop in accordance with Art. 437 of the Civil Code of the Russian Federation and shall be considered as a public offer of the Company, addressed to its Customers with an offer to purchase the Products.
3.3 These Terms and Conditions as well Purchase confirmation shall be an integral part of the Sale purchase agreement concluded between the Customer and the Company, and shall be binding upon the Parties.
4 Order acceptance and conclusion of the Sale-purchase agreement
4.1 Order acceptance
4.1.1 The E-Shop is available 24 hours a day. However, the E-Shop can be closed at any time upon the Company’s sole discretion, for any reason including maintenance. For Your convenience, We endeavor to execute all technical works overnight.
4.1.2 The Customer places the Order by selecting the Products in the E-Shop and clicking to the button “CONFIRM ORDER” placed on the footer of the purchase request. The Customer shall also be entitled to place the Orders through the Customer’s Personal Account registered on the Website. In order to register the Personal Account the Customer shall fill a registration form available on the Website by providing the following information, inter alia, name, email address and password that the Customer will use for access to the Personal Account.
If You wish to read more carefully these Terms and Conditions, you can print them out or save the document electronically.
4.1.4 One Order shall include not more than 10 items of the Products with the total value not exceeding 150 000 RUB. The Company shall be entitled to amend the minimum and maximum value of one Order as well as maximum quantity of items per one Order at any time upon its sole discretion. The Customer shall be considered dully notifyind on such changes upon their publication on the Website.
4.1.5 By placing the Order on our E-Shop, you are making a consent to purchase the Products at the price, in quantity, in assortment and in accordance with other terms indicated in the Order.
4.1.6 The moment you click "CONFIRM ORDER" and the receipt is displayed on your screen, you are bound by the Order in accordance with these Terms and Conditions and effective legislation, however, please see Section “Exchanges and/or Return Policies”. Remember that the receipt You receive is an automated acknowledgement that means We have received your Order. However, the acknowledgement does not mean that We have accepted and confirmed your Order, and We reserve an explicit right to decline your Order after you have received the automatic acknowledgement.
4.1.7 The Company shall have up to 48 hours upon receipt of the Order to either accept the Order by sending the Purchase confirmation to the Customer’s email indicated in the Order or refuse in accepting the Order in accordance with these Terms and Conditions.
4.1.8 We may decline Order or cancel the Order already confirmed by the Company in any of the situations listed below, without being liable for any damages or costs. We will notify You by email in advance of any such action, to try and resolve the issue and will return any applicable payments made by You:
(i) Your Order cannot be performed;
(ii) Your payment information is incorrect or not verifiable;
(iii) Your Order may have been placed for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
(iv) There was an unintentional error in the E-Shop; e.g. a payment error etc.;
(v) The place of delivery indicated by the Customer located outside the available delivery zone (hereinafter – “Delivery Zone”).
4.1.9 If you made a mistake when placing your Order, please change the necessary information by using Your Personal Account or contact our Customers Service who will be happy to assist You. However, please always make sure to review Your Order before placing it.
4.1.10 We can only accept Orders that are made through our E-Shop or by telephone via our Customers Service. We cannot accept Orders made by e-mail, letters or fax.
4.2 Conclusion of the Sale-purchase agreement
4.2.2 Title in the Products as well as risk of accidental loss or damage of the Products shall transfer to the Customers from the date of delivery.
4.2.3 Each Sale-purchase agreement concluded between the Customer and the Company shall be stored in the database of the E-Shope in accordance with the effective legislation.
4.2.4 Before or after the Purchase confirmation but before the Order is transferred for delivery the Company has the right to unilaterally annul the Order (in full or in part) in case of force majeure (including in case of absence of the Product, impossibility of delivery due to the weather condition, absence of the confirmation of payment etc.). The Company shall immediately notify the Customer on such circumstances via email or phone, and the Customer shall be entitled to withraw from Sale-purchase agreement or change the date and time of delivery. In the absence of the Customer’s response within 24 hours upon notification, the Company shall be entitled to annul the Order.
5 Payment methods
5.1 The Products ordered by the Customer shall be paid upon the delivery.
5.2 We accept the following payment methods:
(A) by payment card (MasterCard or VISA); or
(B) by cash.
5.3 Please note that We cannot accept any payment methods not specified above. If you try to pay by any other methods, We will not be liable for your loss of payment or any other damages caused by your actions.
5.4 We only accept payment in RUB
6 Prices and taxes
6.1 All prices on the Products, shipping charges and other services include all applicable taxes.
6.2 The shipping charge is added per Order. We will always inform You of the total value of the Order, including all taxes and other costs such as fees and possible delivery costs at the moment of placing the Order.
6.3 The prices displayed on the Website are those that apply at the time of placing the Order. The prices may be subject to change without notice to the Customer, and the Customer shall be considered dully aware of such changes upon their publication on the Website. However, the relevant changes will not affect Orders that has been already confirmed by the Company.
7 Shipping information
7.1 The Company shall be entitled to egage the third parties for the purpose of delivering the Products to the Customers.
When placing the Order, you will be prompted to choose a shipping method appropriate for You. The following shipping methods are available in the E-Shop:
(A) Delivery by Courier.
7.2 Delivery Zone
We currently deliver to the following Delivery Zones:
Days of shipment
Belgorod, Bryansk, Vladimir, Vologda, Voronezh, Ivanovo, Kaluga, Kostroma, Kursk, Lipetsk, Nizhny Novgorod, Oryol, Penza, Pskov, Ryazan, Smolensk, Tambov, Tver, Tula, Yaroslavl, Veliky Novgorod, Volgograd, Yoshkar of Ol?, Kazan, Kirov, Krasnodar, Petrozavodsk, Rostov on Don, Samara, Saransk, Saratov, Stavropol, Ufa, Ulyanovsk, Cheboksary, Yekaterinburg, Izhevsk, Maikop, Nalchik, Novorossiysk, Simferopol, Chelyabinsk, Arkhangelsk, Astrakhan, Vladikavkaz, Kaliningrad, Kurgan, Makhachkala, Murmansk, Novosibirsk, Omsk, Orenburg, Perm, Sochi, Cherkessk, Abakan, Barnaul, Kemerovo, Krasnoyarsk, Novokuznetsk, Surgut, Tomsk, Tyumen, Blagoveshchensk, Vladivostok, Gorno-Altaisk, Gronzy, Irkustk, Kyzyl, Magas, Naryan Mar, Syktyvkar, Ulan-Ude, Khabarovsk, Khanty – Mansiysk, Elista, Chita, Anadyr, BIROBIDZHAN, Magadan, Norilsk, Petropavlovsk Kamchatka, Salekhard, Yakutsk, Yuzhno-Sakhalinsk.
Rest of Russia
We do not deliver outside of the Delivery Zones, as well as outside of the Russian Federation.
Please note that certain Delivery Zone could be unavailable for delivery at the moment of placing the Order. We will do our best to inform You on unavailability of any Delivery Zone shortly after placing the Order.
7.3 Delivery times and charges
You can expect your Order to arrive within 1-25 full business days upon confirmation of the Order by the Company and depending on the Delivery Zone chosen by You when placing the Order. Business days are Monday-Friday, excluding holidays within the Russian Federation.
Shipping costs are based on the shipping method You choose, and shall be calculated individually per each Order depending on, inter alia, the Products selected, the quantity of items and total value of the Order. Your total shipping charges will automatically computed during checkout before the Order is confirmed by You.
8 Track your Order and view history
8.1 When you have a Personal Account at www.tous.ru, You can view your past Orders at any time by visiting section "My Account" and clicking "View my Orders".
8.2 You can track your current Order and check its status by either contacting our Customers Service or follow the link provided in the message sent to Your email or contact number by the Company or by the Courier when your Order is ready for the delivery.
9 Delivery and Product inspection
9.1 The Products shall be delivered at the place indicated by the Customer in the Order. The Customer shall be fully liable for the accurantness and completeness of the information provided in the Order.
9.2 In case the delivery is impossible due to the Customer’s fault or due to the circumstance depending on the Customer, the Company shall not be liable to the Customer for violation of the delivery term.
9.3 The Customer is aware and accept that in certain cases the Company can change the delivery terms due to the curcumstances, which cannot be forseen by the Company. In this case, the Company shall immediately notify the Customer on such circumstances and agree on the terms of delivery that differ from that indicated in the Order. In this case, the Company shall not be liable to the Customer for violation of the delivery term.
9.4 Please note that You bear the risk for the Products You have ordered when the delivery is completed. If the packaging appears to be damaged, please do not accept the shipment.
9.5 Without prejudice to Your statutory rights and remedies, You have the responsibility of inspecting the Products ordered with regard to its quality, quantity and assortment at the time of delivery and inform the Company by applying to the Customers Service on any claim You have in this regard. Otherwise, You shall lose Your rights to provide the relevant claims.
9.6 If the different Products requested by the Customer was mistakenly delivered by the Company, You will be delivered the right Product at no additional charge. At the same time, such a different Product shall be returned by the Customer without any delay in accordance with Section 11 of these Terms and Conditions “Exchanges and/or Return Policies”.
9.7 If you receive a broken, damaged or in poor condition Products, the Company will replace it with another in good condition, without additional charges. The Customer shall return such a defective Product without any delay in accordance with our Section 11 of these Terms and Conditions “Exchanges and/or Return Policies”.
9.8 In the case of defective Products, You shall have the rights provided by the Law on the consumers’ rights protection.
9.9 At the moment of delivery, the Courier may require You to verify Your identity by either showing Your ID or/and providing the requisited of Your ID in written or by any other means available under the effective legislation of the Russian Federation.
10 Availability and Order validity
10.1 We endeavor to have all offered Products in stock. If the Product is out of stock, the relevant information will be indicated in the Products’ Catalogue. In the event the Product is out of stock and this fact has occurred after receiving the Order from the Customer, the Customer will be informed by e-mail and any payments will of course be refunded.
10.2 The prices and offers displayed on the Website are valid at the time they occur, unless other specific terms are stated on the Website. Spelling errors and other errors or mistakes can occur.
11 Exchanges and/or Return Policies
11.1 Returns & Exchanges
11.1.1 If for any reason you are not satisfied with the Products of proper quality purchased in the E-Shop, You have 7 days upon the delivery to return such Products. The Products to be returned must be in perfect and resalable condition, which means, inter alia, that all stamps, tags and labels of the Products (including Jewelry) are safe-kept and integrated, and the Product in its intact original packaging. The Products shall not be used.
11.1.2 No exchanges for the Products of proper quality are available. If You want to exchange the Products of proper quality to the similar or different one You shall return the relevant Products to Us and place the new Order.
11.1.3 You are entitled to make the requests, which concern the defective Products within a period provided by the applicable Law on the consumers’ rights protection.
11.1.4 In order to return the Products of proper quality and/or return or exchange the Products of improper quality you must contact our Customers Service by email email@example.com or by phone 8 800 100 10 29 and follow their instructions. Namely You will be required to fill the return form and provide the following documents:
(A) Sales receipt or any other document confirming the payment and
(B) ID document.
11.1.5 Returns must be delivered to the TOUS boutique located at: Moscow, Nikolskaya street build. 19-21/1. You can contact our Customers Service for more instructions. For deliverying the returns We can provide you with the Company’s Courier or You can use any other method or delivery of the returns at Your discretion. The delivery costs shall be borne by the Parties in accordance with Clause 11.1.6 below.
11.1.6 In case of return of the Products of proper quality, all delivery costs shall be borne by the Customer. The defective Products shall be returned or exchanged at the Company’s costs.
11.1.7 To secure proof of Your return We recommend that You always save the receipt from the Courier of the fact that you have handed over the Products in order to track delivery return and avoid loss.
11.1.8 We proceed to make:
(A) a full refund of the returned defective Products price or
(B) a full refund of the returned Products of proper quality, save for the delivery costs,
Within 10 days upon the receipt of Your written request and delivery of the returned Products to the TOUS boutique in accordance with Clause 11.1.5 above.
11.1.9 In case, the refund is credited to your bank account, remember, that the period in which the payment will be reflected on your account depends on your bank.
11.1.10 No returns are available during the holidays within the Russian Federation.
11.1.11 For all questions You may have with respect to return or exchange of the Products, You can contact our Customers Service by phone 8 800 100 10 29 or email firstname.lastname@example.org. The Customers Service is available Monday to Friday from 9.00 until 18.00 Moscow time.
11.2 Right of withdrawal
11.2.1 The Customers shall have the right to withdraw from the Sale-purchase agreement at any time prior to the delivery of the Products and within 7 days upon the delivery.
11.2.2 The Customer will have no right to withdraw in the event of personalized or customized Products.
11.2.3 To withdraw from the Sale-purchase agreement it is necessary for You to contact our Customers Service and follow their instructions.
11.2.4 In order to withdraw from the Sale-purchase agreement you might be required to provide the Company with the following statement:
Russian Retail Holding (TOUS).
[indicate Your Name], domiciled in [indicate Your post address] hereby withdraw the sale-purchase agreement of the next/s item/s [indicate reference number of each purchased item] and with order number [indicate the Order number] requested on the [indicated the date of the Order] and received on the [indicate the date of delivery].
date: [indicate the date]
Signature (if presented in paper):
11.3 Withdrawal consequences
11.3.1 In case of withdrawal You will need to return us the Products immediately after the date on which you report us the decision to cancel the Sale-purchase agreement in accordance with the present Terms and Conditions.
11.3.2 In case of withdrawal We will refund You the payments received due to the purchase (save for the delivery costs in case of return of the Products of proper quality) no later than 10 days from the date on which you report us the decision to withdraw from the Sale-purchase agreement but not earlier than the returned Products is delivered to Us in accordance with these Terms and Conditions.
11.3.3 The returns must be sent to the Company in accordance with these Terms and Conditions.
11.3.4 For all questions You may have with respect to withdrawal from the Sale-purchase agreement, You can contact our Customers Service by phone 8 800 100 10 29 or email email@example.com. The Customers Service is available Monday to Friday from 9.00 until 18.00 Moscow time.
12 Fraud screening
12.1 In order to protect our Customers and maintain the security of the online purchasing, We may run verification checks on the data You submit when you place the Order. These checks may include address and payment verification and screening Your Order to prevent fraud.
12.2 When purchasing Jewelry We can request You to provide personal information for verification of Your identity by providing us with the details of Your ID, which is necessary for compliance with the Federal Law No 115-FZ dated 07.08.2001 "On Combating Money Laundering and the Financing of Terrorism".
13 Secure purchase
13.1 Tous® is pledged to protect personal information of our Customers. We use a standard protocol encryption known as Secure Socket Layer (SSL) to keep Your information safe. All the Orders are transmitted in encoded format. To be sure that Your order is safe, You can simply validate your Internet browser while You are placing the Order. The majority of browsers use some kind of symbol to warn You that You are in a safe website. We keep Your delivery and invoicing information when You create the Personal Account on the Website, but it will be used only by Tous® and third parties performing services concerning www.tous.ru
13.2 During the purchase, it is required the Identification Number (CVV) of the Customer’s credit card for the purchases made with credit cards. The CVV is a value of three or four numeric digits providing encryption control of the information engraved on the card. This security feature is designed to protect consumers against fraud. Your CVV will not be stored in our systems and You will have to provide the number that each time You make a purchase in the E-Shop. Click here to learn more about CVV.
Some Products may be apparently bigger or smaller than its real size due to the screen configuration and the photographic technique. Other Products may be represented in a largest size than its real size in order to show clearly its details, or less than its real size, for the purpose of showing the complete Products. Likewise, the color tones of the E-Shop Products pictures may be altered because of the resolution of Your monitor and may differ from the real.
15 Counterfeit alert
15.1 Tous® products are available exclusively on the Website, TOUS boutiques and points of sale of the TOUS official distributors. The Customers must be careful of allegedly Tous® products sold through non-authorized channels. Be careful with fakes. When buying Tous® item, TOUS will issue a certificate of authenticity that certifies the legitimacy of the product and is valid concerning any imperfection in the production.
15.2 Since its founding in 1920, Tous® is making its best efforts to secure high standard of quality in all its products. All Tous® jewelry products have its seal of noble metals: Gold 18 kt (750/000) and Sterling silver (925/000).
16 Customer Service
For any claims or queries please contact the Company through the Customers Service through the following communications means:
Phone: 8 800 100 10 29
The Customers Service is available Monday to Friday from 9.00 untill 18.00 Moscow time.
The Sale-puchase agreement will be finalized in Russian language.
18 Company Responsibilities
18.1 The Company secure the quality of the Products service purchased through the E-Shop.
18.2 The Company shall ensure that all rights of the Customer provided by the applicable laws are secured.
18.3 Any breach of these Terms and Conditions may enable the Customer to return the Products or services purchased by the Customer or annual the Order.
19 Customer responsibilities
19.1 After execution the Order in the E-Shop, the Customer becomes obliged to pay for the ordered Product by one of the methods specified in this Terms and Conditions or on the Website as well as accept the ordered Products in the manner prescribed by these Terms and conditions or applicable law.
19.2 The Customer is responsible for the accuracy, reliability, completeness of the information indicated by the Customer in the E-Shop, including, but not limited to, the information referred to in the Order, as well as for its timely clarification and/or modification of such information. The Company shall not be liable for any damage suffered by the Customer and (or) third parties in connection with the inaccurate, misleading, incomplete and irrelevant data specified by the Customer.
19.3 The Customer is responsible for his/her actions and the actions of third parties, carried out in the course of using the E-Shop services. The Customer undertakes not to disclose to the third parties details of the Customer’s Personal Account. If the Customer loses his/her Account details, he/she shall immediately, but not later than within 24-hours of data loss notify the Customers Service by email: firstname.lastname@example.org.
19.4 The Customer is responsible for the transmission of the Customer’s Personal Account details to the third parties. If the services provided by the E-Shop, were used by the third party using the Customer’s Personal Account details, it is considered that such services were used by the Customer. The Company is not responsible for unauthorized access to the Customer’s Personal Account by third parties.
19.5 Using the services provided by the E-Shop, the Customer agrees, to comply with the requirements of the Russian legislation and the provisions of the Sale-purchase agreement.
19.6 To the extent permitted by applicable law, any breach by the Customer of these Terms and Conditions may cause the withdrawal or cancellation of the Order by the Company as well as access restrictions to the E-Shop and Customer’s Personal Account, without prior notice to the Customer and without any compensation.
20 Personal Data and commercial communications
21 Intellectual and Industrial Property
21.1 The rights of intellectual and industrial property on the works, trademarks, logos, and any other subject to protection, to be found on the Website belong exclusively to the Company or to third parties, which have authorized its use on the Website. Not authorized reproduction, distribution, transformation of such works, trademarks, logos, etc. constitutes an infringement of the intellectual and industrial property rights of the Company, as owner, and may lead to the necessary legal actions.
21.2 Likewise, the information the Customer access through the Website can be protected by industrial or intellectual property rights or of any other nature. The Company shall not be liable in any case, of the violation of such right the Customers may commit.
22 Warranty period
22.1 The warranty period for the Products purchased by the Customer through the E-Shop shall be 30 days upon the delivery.
22.2 The Company shall respond before the Customer for quality of the Products purchased during the warranty period, in accordance with the legislation in force.
22.3 The warranty does not cover depreciation of the Products. Damage caused by misuse, as well as any other damage not covered by law, are excluded.
23 Jurisdiction and applicable Law
23.1 The relationship between the Customer and the Company shall be governed by the Russian laws and regulations. Any dispute shall be submitted at the Customer’s choice:
(A) to the authorized court of the Customer domicile;
(B) to the authorized court of the Tous®’s domicile
The Company will persecute any breach of these Terms and Conditions as well as any other misuse of the Website by taking the corresponding legal actions, either criminal or civil.