Terms & Conditions

" KVH GROUP"

LIMITED LIABILITY COMPANY

WEBSITE AND MOBILE APP 

USER TERMS & CONDITIONS

The User Agreement is concluded between "KVH GROUP" LLC (hereinafter, referred to as "the Company"), dated on September 12, 2012, 17 Grigor Lusavorich Street, 0015, Yerevan, Armenia (registration number 286.110.705531; VAT number 02611422) and the User of the Company’s website (www.kvhequisport.com) and/or “KVH Equisport" mobile application (hereinafter, referred to as "Online Store") and defines the terms and conditions of purchasing products online (hereinafter, referred to as "Usage Agreement").   

MAIN CONCEPTS

• Online Store - website www.kvhequisport.com located at the address https://www.kvhequisport.com and/or mobile application« KVH Equisport located in App Stores and/or Google Play and owned by the Company, which presents the products offered by the Company for online ordering, and which specifies the terms of their delivery, payment, refund and other conditions.
• Product - Any product available in the Online Store for placing an order from a User which is represented in the Online Store.
• User - an adult natural person who has access to the Online Store via the Internet and uses the Online Store.
• Order - A query for purchasing the product presented in the online store, made by the User.
• Carrier - The Company employee delivering the ordered products to the User on behalf of the Company.

GENERAL PROVISIONS

1. This Agreement shall be deemed to have been concluded by the User upon registration in the Online Store. Ordering the goods through the Online Store, the User agrees to the conditions of sale of the goods, defined by the present agreement.
2. The User is obliged to get acquainted with the provisions of this agreement before registering in the Online Store. In case of non-compliance with the terms set forth in this Agreement, the User shall refrain from using the Online Store.
3. The terms of sale of the product under this agreement, as well as the information about the product presented in the Online Store, are a public offer.
4. By registering in the Online Store and agreeing to the terms of this Agreement, the User confirms that he/she purchases the product exclusively for personal, family, household or other needs not related to entrepreneurial activity.

2. ORDER FORMATION AND EXECUTION DEADLINES

2.1. To place orders through the Online Store, the User must first register in the Online Store.

2.2. Upon registering in the Online Store, among other information required by the Company the User must provide the following data:

• phone number (if there is a cash back card, after specifying the phone number, the remaining information to be filled in the Online Store is automatically downloaded and filled in the appropriate fields, and if not, the Company issues a virtual cash back card for the User through the Online Store)
• password sent by the Company via short message (SMS)
• name, surname
• date of birth
• email address
• gender
• the address

2.3. After registration, the User selects the product in the Online Store and applies the product to the shopping cart for ordering. The User can manually remove and add goods from the shopping cart before confirming the order.   

2.4. Photos posted in the Online Store may slightly differ from the actual product. The accompanying descriptions or characteristics of the product are not exhaustive and may contain inaccuracies.

2.5. Through selecting the desired product and moving it to the cart the User has to fill in the delivery address.   

2.6. When placing an order, the User must provide the actual and valid information needed to complete the order. The Company is not responsible for the accuracy, validity, and consequences of the data provided by the User.

2.7 When placing an order, among other information required by the Company, the User must also indicate:

• delivery time
• the name of the recipient of the order, if the latter is not the User
• additional telephone number, if necessary
• method of payment
• in the case of paying by bonus card, the amount from the bonus card
• comments, as needed

2.8. The User is informed about the stages of order confirmation, order collection, delivery and completion through push messages 

2.9 If the goods in the cart are missing in the Company's warehouse, the Company notifies the User through the Online Store or in some other way.

2.10. In the case of cash or POS terminal payment the User has the right to add or reduce the approved order, but in case of non-cash payment, the User can make only a reduction of the ordered goods. Such a change can only be made before the User receives the delivery push message. Moreover, if the payment was made non-cash in the Online Store the Company does recalculations and if necessary, returns the frozen funds to the bank account from which the payment was made, within 1 (one) day after the receipt of the goods. In the case of Tell Cell payment, the overpaid amount is transferred to the User's bonus card registered in the Online Store.

3. PAYMENT PROCEDURE

3.1. The price of the product in Online Store is indicated in AMD, USD, RUB. The price includes all taxes provided by the legislation of the RA.

3.2. The total cost of the order is calculated from the sum of the cost of all goods put in the cart, as well as the cost of their delivery and packages used for final packaging. The amount charged for the goods packing and delivery is also specified in the Online Store.

3.3. The User can choose the delivery time, which cannot exceed one day after order confirmation.

3.4. The Company has the right to unilaterally change the price of goods before the User approves the order.

3.5. Payment in the Online Store is made in two ways: 

3.5.1. Immediately upon receipt of the order

• by Cash or
• by POS Terminal from a bank card (if the User wishes to pay by POS-terminal he/she must specify it while placing the order)

3.5.2 Making a non-cash transfer through the payment system of the Online Store.

3.6 The User has the right to attach a bank card to his/her personal page in the Online Store. 

3.7. Payment terms are controlled by third-party banks, as well as payment and settlement organizations with which the Company cooperates.

3.8. By choosing the non-cash payment option, the User confirms that he/she is aware and agrees with the rules of third-party banks or payment and settlement organizations, and he/she has no objections and/or claims against the Company in connection with the conditions established by the latter.

3.9 When choosing the option of non-cash payment via the payment system available in the Online Store, the User must pay the amount specified in the order in full. In case of incomplete payment (insufficient payment or insufficient funds), the order is not approved and processed in the system. In this case, no fee is charged from the User.

4. ORDER REFUSAL AND RETURN PROCEDURES

4.1. The User has the right to refuse the ordered goods until he receives a push message about the stage of delivery.

4.2. In case of the User's refusal from the delivered goods, the Company has the right to deduct the cost of delivery services from the money transferred by the User. The amount paid by the User for the non-received goods shall be returned to the User within the period specified in this agreement. If payment is to be made in cash or through POS-terminal, the Company has the right to demand payment from the User for delivering unaccepted goods.

4.3. Upon receipt of the goods, the User is obliged to check the conformity of received goods (quantity, quality, etc.) to his or her order only in the presence of the carrier. 

4.4. In case of receiving goods of unsuitable quality or non-compliance of the received goods with the order the User has the right to immediately demand replacement for goods of proper quality or refuse to accept them and to demand a refund of the amount paid for goods of improper quality. The Company has to replace the product within one day after receiving the User's request. If the Company does not have the necessary goods for replacement at the time of submitting the request, it is obliged to inform the User within one day about the absence of the goods and to return the amount paid for the received goods within the terms defined by this agreement.

4.5. If a warranty period is set for the product, the User has the right to make claims related to the defects of the product if the defects were discovered during the warranty period.

4.6. Insignificant differences in the description, design and/or decoration of the delivered goods with the presented in the Online Store do not indicate improper quality.

4.7. The User has no right to return food, as well as non-returnable and/or replaceable goods defined by the Government of the Republic of Armenia.

4.8. The User has the right to return a poor quality non-food item to the Company within the time limit set by law, or replace it with another item of the same size, color, or similar complexity, making the necessary recalculation with the Company in the case of price variations.

4.9. Proper quality product can not be returned, if:

• if the production and delivery of the goods were carried out in accordance with the special requirements of the User, or the goods are personalized
• there are supplied products of having the property of rapid deterioration, degradation, or quality change 
• in the case of the sale of sealed goods that are not subject to return for medical or hygienic reasons, and which were unsealed by the buyer after delivery,
• in the case of the sale of goods, after the delivery of which, based on their nature, they inextricably merge with each other

4.10. The User's request to return or replace the product is satisfied if the product has not been used, its consumer features are preserved and there is evidence of purchasing the product from the Company. 

4.11. Expenses related to the return or replacement of non-food products of proper quality are borne by the User.

4.12. In the cases provided by this Agreement, the claims for a refund of the amount paid for the good shall be satisfied within 14 days from the date of submission of the relevant claim.

4.13. The Company reserves the right to refuse an order through the Online Store if previous orders placed by the User have not been received as a result of his/her fault (the User did not open the door or did not respond to calls from the carrier or a Company employee. And/or specified a non-existent delivery address, etc.)

5. RIGHTS AND OBLIGATIONS OF PARTIES

5.1. The Company has the right to: 

• restrict or prohibit the User from entering the Online Store in case of violating the terms outlined in this Agreement, 
• require the User to pay the amount set for the delivered and accepted by the User product, 
• exercise other rights arising from the legislation of the RA and Usage Agreement .

5.2. The Company is obliged to:

• ensure the privacy of the User's personal data under the terms of the "Privacy Policy" posted in the Online Store,
• perform other responsibilities arising from the legislation of the RA and Usage Agreement.

5.3. The User has the right to: 

• get access to the Online Store after registering, 
• use all the services available in the Online Store, such as purchasing or refusing to purchase any product offered in the Online Store, 
• communicate and submit any questions regarding the Company's services through the Online Store,
• use the Online Store exclusively for the purposes provided by the Terms of Use and allowed by the RA legislation, 
• exercise other rights arising from the legislation of the Republic of Armenia and Usage Agreement.

5.4. The User is obliged to:

• pay for the delivered goods in the manner prescribed by this agreement,
• provide additional information directly related to the services provided by the Online Store,
• protect the property and non-property rights of authors and other copyright holders while using the Online Store,
• not take any action that could affect the normal operation of the Online Store,
• not disseminate confidential information about individuals and/or legal entities protected by legislation of the RA through the Online Store,
• avoid any type of actions that could violate the confidentiality of information protected by legislation of the RA, 
• perform other responsibilities arising from the legislation of the Republic of Armenia    and Usage Agreement.

6. COPYRIGHT

6.1. Online Store content, design, text, graphics, interfaces and layout are the property of the Company.

6.2. The User’s registration in the Online Store does not entail transferring the User all exclusive rights of the Company’s results of intellectual activities and personalized means.

6.3. Without the consent of the Company using personalized means and results of intellectual activities is prohibited. 

6.4. In case of violating 6.3 paragraph of the agreement the Company may restrict the User’s access to the Online Store.

7. RESPONSIBILITIES OF THE PARTIES

7.1 The Company shall not be liable for any damage caused to the User by the improper use of goods ordered through the Online Store, including violation of the terms and conditions of an expiration date.

7.2. The product may contain ingredients that cause allergic reactions. By ordering the product in the Online Store, the User confirms that he/she has got acquainted with the composition of the product of his/her choice and has no claims against the Company in this regard.

7.3. The Company is not liable for any damages incurred by the User as a result of incorrect placement of the order, as well as for the incorrect data application.

8. IMPACT OF FORCE-MAJEURE 

8.1. Failing to comply fully or in part with the obligations under this Agreement, Parties shall be released from liability if it has occurred as a result of the force majeure effect and after the Agreement entry into force, and/or which the Parties could not have foreseen or prevented. Such situations include earthquakes, floods, fires, wars, martial law, political unrest, strikes, shutdowns, acts of government, power fluctuations, adverse weather conditions, technical system failures, traffic jams, and so forth. This can, therefore, make it impossible or substantially difficult for the Parties to fulfill their obligations under this Agreement.

8.2. In the event of insurmountable circumstances, the time frame for the fulfillment of the obligations of the Parties shall be deferred following the circumstances and the consequences thereof.

8.3. The Party for whom the fulfillment of the obligation has become impossible or significantly complicated by the influence of a force majeure situation shall immediately inform the other Party.

9. DISPUTE RESOLUTION PROCEDURE

9.1 Any dispute arising out of this Privacy Policy shall be settled through negotiations.

9.2. By mutual agreement, the Parties shall establish a pre-demand method for resolving disputes arising from the Privacy Policy.

9.3. The party reporting the violation shall submit a written request to the party who committed the alleged violation. If the claim is not received within 15 calendar days from the moment of receiving the claim, and/or the submitted claim is rejected, the dispute may be submitted to the competent court of the Republic of Armenia for examination.

9.4. The law applicable to the privacy policy is the legislation of the Republic of Armenia.

10. OTHER PROVISONS

10.1. The Usage Agreement enters into force upon the User's registration in the Online Store. By registering in the Online Store, the User confirms that he/she is fully acquainted with the terms of the Online Store, the Company Privacy Policy, and the operation of the Online Store system, and, therefore, has no objections to them.

10.2. The Company has the right to unilaterally change the Usage Agreement at any time. The new version of the Usage Agreement will take effect as soon as the Company places it in the Online Store unless otherwise is provided in the new version of the Usage Agreement. When placing an order through the Online Store, the User confirms that he/she has read and agrees with the current Usage Agreement version available in the Online Store.

10.3. Termination, cancellation, or invalidity of any part of the Agreement shall not result in termination, cancellation or invalidity of the other parts. 

10.4. The relations between the User and the Company, among others, are subject to the provisions concerning retail sale and purchase established by the Civil Code of the Republic of Armenia, as well as the provisions established by the Law of the Republic of Armenia on "Consumer Rights Protection''.

10.5. The agreement is in Armenian, Russian, and English and is mandatory for the Parties. In case of any misreadings between the Armenian, Russian and English texts, the Armenian version of the Privacy Policy prevails.