Public Offer
PLEASE READ THESE RULES CAREFULLY BEFORE USING THE INTERNET SITE www.diamonist.ru, THE DIAMONIST MOBILE APPLICATION AND REFUSE THEM IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THESE RULES FOR THE SALE OF GOODS.
1. Definitions
2. General provisions
3. Registration
4. Placing an order
5. Terms of delivery of goods
6. Procedure for payment of goods
7. Return of goods, repair, replacement
8. Counteraction to money laundering and financing of terrorism
9. Protection of personal data
10. Consent to receive advertising mailings
11. Other conditions
1. Definitions
1.1. DIAMONIST – Seller – DIATON LLC, OGRN 1127747172585, INN 7729725590, address (location): 101000, Moscow, Chaplygina St., 9, building 1
1.2. Administrator (of the Website and (or) Mobile Application) — DIAMONIST or persons authorized by it, managing the Website and (or) Mobile Application.
1.3. Order – Client’s request for purchase and delivery of the Goods, placed on the Website and (or) in the DIAMONIST Mobile Application.
1.4. Consumer Protection Law – Law of the Russian Federation of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”.
1.5. Client – any individual, visitor to the Website or Mobile Application, accepting the terms of these Rules, intending to order or purchase, or ordering, purchasing the Product, or using the Product exclusively for personal, family, household and other needs not related to entrepreneurial activity.
1.6. Personal Account – a personal section of the Website and (or) Mobile Application, access to which is provided to the Client after completing the registration procedure, and intended for the implementation, modification, tracking of Orders and management of Client data.
1.7. Rules or these Rules – this document regulating the terms of sale of the Product on the Website and in the Mobile Application, as well as the terms of use of the Website and Mobile Application.
1.8. Trading Rules - RF Government Resolution No. 2463 of 31.12.2020 "On approval of the Rules for the sale of goods under a retail sale and purchase agreement, a list of durable goods that are not subject to the consumer's requirement to provide him with a product with the same basic consumer properties free of charge during the period of repair or replacement of such goods, and a list of non-food products of good quality that cannot be exchanged, as well as on amendments to certain acts of the Government of the Russian Federation."
1.9. Website - www.diamonist.ru. The Website with all materials and data posted on it belongs to and is administered by DIAMONIST.
1.10. Services (of the Website and (or) Mobile Application) - functional services and tools, as well as their combinations, provided by the software of the Website and (or) Mobile Application and available to Clients. The Administrator has the right to change the Services of the Site and (or) the Mobile Application and their functional features independently and without notifying the Clients.
1.11. Delivery Service – third parties providing services for the delivery of Orders under an agreement with DIATON LLC.
1.12. Mobile Application – the DIAMONIST mobile application, which is software for the iOS and Android operating systems owned by DIAMONIST, designed to run on smartphones, tablets and other mobile devices (devices) that are means of communication in accordance with Federal Law No. 126-FZ of 07.07.2003 "On Communications", in order to provide Clients with access to the interface of the mobile application, presented in the form of a set of information, software and hardware, machine code and layout, various objects of intellectual property (including computer programs, databases, graphic design of the interface (design), etc.). The Mobile Application and all materials and data posted in it belong to and are administered by DIAMONIST.
1.13. Product – costume jewelry, accessories, jewelry and other items made of precious metals and (or) precious stones from the DIAMONIST assortment presented on the Site and (or) in the Mobile Application.
1.14. Point of sale – DIAMONIST retail stores, the addresses, contacts and working hours of which are indicated on the Site page: Stores.
2. GENERAL PROVISIONS
2.1. These Rules, as well as information about the Product on the Website and (or) in the Mobile Application, are a public offer in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation and contain all the essential terms of the retail sale and purchase agreement for the Product, including those related to the procedure and terms of payment, delivery and return of the Product.
2.2. Placing an Order is the Client's acceptance of the conclusion of the retail sale and purchase agreement for the Product on the terms set out in the description of the Product on the Website and (or) in the Mobile Application, as well as in these Rules.
2.3. In the context of the execution of the terms of these Rules, the provisions of § 2 of Chapter 30 of the Civil Code of the Russian Federation, the Trade Rules, the Law on the Protection of Consumer Rights, the Federal Law of 07.08.2001 No. 115-FZ "On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism", the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data", the Federal Law of 07.07.2003 No. 126-FZ "On Communications", the Federal Law of 13.03.2006 No. 38-FZ "On Advertising" and other regulatory and by-laws adopted in accordance with them shall apply to the relations between DIAMONIST and the Client.
2.4. When placing an Order, the Client must be guided by the information about the Product posted on the Product card. The images of the Product presented on the Website and/or in the Mobile Application are for reference only and may, in terms of perception of their image, size, shape and color, depending on the browser or monitor used, not accurately convey their correspondence to the actual Products.
2.5. DIAMONIST has the right at any time, unilaterally (without prior notice to the Client) to change these Rules by posting an updated version of the Rules on the Website and in the Mobile Application. All changes come into force and are considered to be brought to the attention of the Client at the time of posting the new version of the Rules on the Website and in the Mobile Application.
3. REGISTRATION
3.1. Registration on the Website and/or in the Mobile Application is a mandatory condition for placing an Order.
3.2. When registering on the Website and/or in the Mobile Application, the Client can access the Personal Account. DIAMONIST shall not be liable for the accuracy, correctness and reliability of the information provided by the Client during registration, placing an Order and (or) contained in the Client's Personal Account. DIAMONIST shall not be liable for failure to fulfill obligations due to the Client providing false information.
3.3. The Personal Account is accessed using the Client's phone number and the SMS code sent by DIAMONIST to the Client's phone number each time the Client attempts to access the Personal Account.
3.4. The Client undertakes not to disclose the SMS code to third parties. DIAMONIST shall not be liable for unauthorized access to the Client's Personal Account.
4. PLACING AN ORDER
4.1. The Order is placed by the Client by adding the Product to the cart and filling in the required information in the "Place an Order" section of the Website and/or Mobile Application.
4.2. DIAMONIST has the right to contact the Client at the email address and/or phone number specified by them, including in messengers, in order to clarify the details of the Order, as well as for the purposes provided for in Section 8 of the Rules.
4.3. After completing the Order, DIAMONIST sends information about the Order to the email address specified by the Client when placing the Order, which includes the Order number, information about the ordered products and other essential terms of the agreement, and also informs the Client of subsequent changes in the Order status.
4.4. By placing an Order, the Client agrees that some items of the ordered Product may be out of stock at DIAMONIST, of which DIAMONIST will additionally notify the Client. In this case, the Client may change or cancel the Order.
4.5. If no response is received from the Client within 3 (three) calendar days from the date of notification, DIAMONIST has the right to cancel the Order in whole or in part by sending a message to the Client's e-mail address specified when placing the Order.
4.6. In the event of a full or partial cancellation of a pre-paid Order, the cost of the cancelled Goods is returned by DIAMONIST to the Client to the bank account from which the Order was paid, in the manner prescribed by these Rules.
5. TERMS OF DELIVERY OF GOODS
5.1. Delivery of Goods is carried out by the methods described in the Delivery and payment section of the Website.
5.2. The Client's choice of the appropriate method of delivery of Goods means his unconditional consent to the procedure, terms and price of delivery, which are determined by the Delivery Service.
5.3. If it is impossible to deliver the Goods for reasons beyond the control of DIAMONIST or the Delivery Service, such as: the Client indicating an incorrect or incomplete delivery address; the Client indicating an incorrect or incomplete phone number; the impossibility of contacting the Client; no one is home at the delivery address or no one opens the front door, then re-delivery of the Order is carried out at the Client's expense.
5.4. The Client is solely responsible for the safety of the information that allows the receipt of the Order. If a person located at the delivery address or who has arrived at the delivery point tells the Delivery Service representative the Order number or enters the access code to the parcel terminal cell, such actions are considered by DIAMONIST as the transfer by the Client of their authority to receive the Order to such person (authority due to the situation). The provisions of this paragraph do not apply to jewelry, as well as to other products made of precious metals and precious stones. Jewelry and (or) other products made of precious metals and precious stones are transferred personally to the Client or to another person acting on behalf of the Client under a notarized power of attorney.
5.5. Acceptance of the Order by the Client:
5.5. 1. When delivering the Order by the Delivery Service, by self-pickup, through order pick-up points: The Client is obliged, in the presence of a representative of the Delivery Service, a representative of DIAMONIST, an employee of the order pick-up point, to check the integrity of the Order and (or) Goods packaging and inspect it for external damage, opening and deformation. Having made sure that the packaging is intact and that there are no signs of external damage and/or opening, open the packaging and check the Product for compliance with the Order.
PLEASE NOTE: the packaging must be opened and the Product must be checked without damaging and/or breaking the integrity of the labels, tags, and seals.
Upon completion of acceptance, the Client signs the shipping documents. The signature on the shipping documents indicates that the Client has accepted the Product without any comments, claims regarding the appearance, completeness, or cost of the Product.
5.5.2. When delivering the Order through pick-up points, the Client is obliged to pick up the Order within the time period established by the relevant Delivery Service. If, as a result of the Client's failure to meet the deadline for receiving the Order, such Order is sent back to DIAMONIST, re-sending the Order will be subject to a fee. If the Client refuses a pre-paid Order, the funds are returned to the Client in the manner prescribed by these Rules.
5.6. When delivering the Order via parcel terminals, the Client undertakes to check the integrity of the Order and (or) Goods packaging and inspect it for external damage, opening, deformation. If damage and (or) opening and (or) deformation is detected, the Client, without leaving the parcel terminal, undertakes to make a video recording of the damage to the Order and (or) Goods against the background of the parcel terminal and send this video to DIAMONIST at the address: support@diamonist.ru. If it is impossible to return the Order and (or) Goods to the parcel terminal, the opening of the Order and (or) Goods packaging that arrived with signs of damage and (or) opening and (or) deformation must be carried out with mandatory video recording.
6. PAYMENT FOR THE GOODS. REFUND
6.1. Payment for the Goods:
6.1.1. The methods of payment for the Goods are indicated on the DIAMONIST Website in the Delivery and Payment section, and are available for selection during the Order placement process, depending on the Order terms.
6.1.2. Payment can be made by any method selected by the Client on the Website or in the Mobile Application when placing the Order.
6.1.3. The price of the Goods is indicated on the Website and (or) in the Mobile Application. The price of the Goods on the Website and (or) in the Mobile Application can be changed by DIAMONIST unilaterally, however, the price of the Goods in the placed Order is not subject to change.
6.2. Refunds:
Refunds, in cases stipulated by the Rules, are made within 10 (ten) calendar days from the date of receipt of the Goods (of proper and (or) improper quality) from the Client.
6.3. Refunds of cash for Goods purchased using non-cash payment are PROHIBITED (clause 1 of the Bank of Russia Instruction dated 09.12.2019 No. 5348-U "On the rules for cash payments").
6.4. In case of refusal of Goods of proper quality after their acceptance, the cost of delivery of the returned DIAMONIST Goods is not reimbursed and is not returned to the Client.
7. RETURN OF GOODS, REPAIR, REPLACEMENT
7.1. Return of Goods of proper quality:
7.1.1. The Client has the right to refuse Goods of proper quality, if these are not products made of precious metals and (or) with precious stones, at any time before receiving them, and after receiving them within 30 (thirty) calendar days from the date of receipt of the Goods.
7.1.2. Refusal of jewelry and other products made of precious metals and (or) precious stones, cut precious stones of proper quality, acquired remotely (i.e. excluding the possibility of the Client directly familiarizing himself with the Goods before the receipt is issued) is allowed at any time before their transfer to the Client, and after the transfer - within 7 (seven) days.
7.1.3. Jewelry and other products made of precious metals and/or precious stones, cut precious stones of proper quality, purchased at a retail point of sale, are not subject to exchange or return on the basis of paragraph 9 of the list of non-food products of proper quality that cannot be exchanged, approved by Decree of the Government of the Russian Federation of December 31, 2020 No. 2463.
7.1.4. Return of Goods of proper quality is possible if their presentation (packaging, seals, labels, nameplates, state assay mark, marking), consumer properties, as well as a document confirming the fact and conditions of its purchase (cash receipt) are preserved. To return the Goods, an identity document is also required.
7.1.5. Refunds for the specified products are made within 10 (ten) business days from the date of receipt of the products by the seller.
7.1.6. The seller's transportation costs for the return of jewelry made of precious metals and/or with precious stones, jewelry and steel watches of proper quality, purchased remotely, shall be compensated by the buyer.
7.1.7. The return of the Goods shall be carried out in the manner and by the methods listed on the Website page: Return, and also taking into account the provisions of this section of the Rules.
7.1.8. In case of refusal of the Goods of proper quality, DIAMONIST shall return to the Client the cost of the Goods, with the exception of DIAMONIST's expenses related to the delivery of the Goods returned by the Client, within the timeframes specified in paragraph 6.2 of these Rules.
7.2. Return of the Goods of inadequate quality:
7.2.1. The Goods of inadequate quality shall be understood to mean the Goods that have a defect that DIAMONIST did not notify the Client about in advance, for example: defects, malfunctions, violation of the completeness, quantity, non-compliance of the Goods with the characteristics specified on the Website and (or) in the Mobile Application.
The discrepancy between the size, shape and color of the Product and the image on the Website and/or in the Mobile Application is not a defect of the Product, since depending on the browser and/or monitor used, the image may not accurately (distortly) convey the color, size and shape of the Product.
7.2.2. The return of the Product is carried out in the manner and by the methods listed on the Website page: Return, and also taking into account the provisions of this section of the Rules.
7.2.3. Claims for the return of the amount paid for the Product are subject to satisfaction within the timeframes specified in paragraph 6.2 of these rules.
7.3. Replacement of the Product:
Due to the specifics of the remote trading method, the replacement of the Product can only be carried out by returning the defective Product and placing a new Order.
8. COUNTERING MONEY LAUNDERING AND TERRORISM FINANCING
DIAMONIST is obliged to identify the Client if he/she purchases jewelry and other items made of precious metals and/or precious stones for the following amounts:
• for cash: for an amount equal to or exceeding 60,000 (sixty thousand) rubles, or for an amount in foreign currency equivalent to 60,000 (sixty thousand) rubles; or
• for non-cash payments: for an amount equal to or exceeding 400,000 (four hundred thousand) rubles, or for an amount in foreign currency equivalent to 400,000 (four hundred thousand) rubles.
For identification purposes, DIAMONIST must obtain the following information from the Client:
• last name, first name, patronymic (unless otherwise required by law or national custom);
• citizenship;
• date of birth;
• details of the identity document;
• details of documents confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation (if applicable);
• address of residence (registration) or place of stay;
• taxpayer identification number (if any).
In the event of failure to provide the data specified in this section, DIAMONIST will be forced to refuse to conclude a purchase and sale agreement with the Client (clause 2.2, article 7 of the Federal Law of 07.08.2001 No. 115-FZ "On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism").
By placing an Order by the Client for jewelry and other items made of precious metals and/or precious stones for the amounts specified in this section and providing DIAMONIST with information to identify the Client, this means that the Client agrees to the processing of his/her personal data listed in this section in order for DIAMONIST to comply with the requirements of the Federal Law of 07.08.2001 No. 115-FZ "On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism" and their subsequent submission to the Federal Financial Monitoring Service (Rosfinmonitoring) and/or the Federal Assay Office in cases stipulated by the current legislation of the Russian Federation.
The processing of the Client's personal data for the purposes of this section is carried out using automated and non-automated processing tools. The processing of personal data includes: collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (provision, access), depersonalization, blocking, deletion, destruction. The consent to the processing of the Client’s personal data provided for in this section of the Rules is provided for a term – indefinitely, with the possibility of revoking such consent by sending a notice to DIAMONIST.
9. PERSONAL DATA PROTECTION.
9.1. DIAMONIST processes the personal data of Clients under the terms and conditions set out in the Regulation on the processing and protection of personal data.
9.2. By providing their personal data to DIAMONIST by filling in the relevant web forms, the Client agrees to their processing by DIAMONIST, including for the purposes of fulfilling obligations to the Client within the framework of these Rules, maintaining and updating the client base, promoting DIAMONIST goods and services, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, advertising, incentive and other promotional events, obtaining and studying statistical data on the level of demand, sales volumes, parameters of audience activity and involvement, the level of customer support, organizing the delivery of goods to Clients, monitoring the level of Client satisfaction, as well as the quality of services provided by DIAMONIST.
9.3. The Administrator has the right to collect technical and statistical data that does not contain confidential information, is not personal data and is transmitted automatically by the Client's device when using the Site and (or) Mobile Application, including technical characteristics of the device and its software, cookies, and other similar non-personal information. Such technical data is collected in order to ensure the functioning, security, improvement and development of the quality of services and Services, and is not used to identify the Client or process personal data about him.
9.4. DIAMONIST receives information about the identifier of the device of the visitor to the Site and (or) Mobile Application connected to the local network and/or the Internet (IP address). This information is used exclusively for statistical purposes and is not used to identify the Client.
9.5. By accepting the terms of these Rules, the Client gives his consent to the transfer of personal data to the Delivery Service.
10. CONSENT TO RECEIVE ADVERTISING MAILING.
10.1. By subscribing to DIAMONIST SMS and email mailings, the Client agrees to receive informational messages, including advertising messages, to the mobile phone number and/or email address specified by the Client when subscribing to the newsletter on the Website and/or in the Mobile Application.
10.2. The Client is informed that in order to unsubscribe from the newsletter, the Client will need to independently follow the "unsubscribe from mailing" link specified in the text of messages sent by the Website and/or Mobile Application Administrator from the email address: noreply@diamonist.ru, or notify of the refusal to receive DIAMONIST newsletters to the following email addresses: support@diamonist.ru
10.3. The Client also gives permission to DIAMONIST to collect, store and process all personal data transferred by him to DIAMONIST (including: last name, first name, middle name, phone number and email address) for the purpose of informing about news and other events of DIAMONIST, service messages about the Order and the stages of its processing.
11. OTHER TERMS.
11.1. All information posted on the Website and (or) in the Mobile Application, including but not limited to: text, graphics, images (photographs, drawings), other content and materials are the results of intellectual activity, the use of which is not permitted without the prior written consent of the copyright holder.
11.2. Quoting any materials from the Website and (or) Mobile Application is permitted with the obligatory placement of a link to the original source (clause 1 of Article 1274 of the Civil Code of the Russian Federation).
11.3. In all other respects not regulated by these Rules, the Client and DIAMONIST are guided by the current legislation of the Russian Federation.
11.4. The recognition by the court of the invalidity of any clause or provision of these Rules shall not entail the invalidity of the remaining provisions of the Rules.
11.5. These Rules are not intended to limit the rights of the Client as a consumer in comparison with the rights granted to him by the current legislation of the Russian Federation. The Client has the right to use all rights granted to him by the current legislation of the Russian Federation and to exercise them to the extent and in the manner stipulated by the legislation of the Russian Federation.
11.6. All possible disputes arising from these Rules or related to them shall be resolved in accordance with the current legislation of the Russian Federation.
1. Definitions
2. General provisions
3. Registration
4. Placing an order
5. Terms of delivery of goods
6. Procedure for payment of goods
7. Return of goods, repair, replacement
8. Counteraction to money laundering and financing of terrorism
9. Protection of personal data
10. Consent to receive advertising mailings
11. Other conditions
1. Definitions
1.1. DIAMONIST – Seller – DIATON LLC, OGRN 1127747172585, INN 7729725590, address (location): 101000, Moscow, Chaplygina St., 9, building 1
1.2. Administrator (of the Website and (or) Mobile Application) — DIAMONIST or persons authorized by it, managing the Website and (or) Mobile Application.
1.3. Order – Client’s request for purchase and delivery of the Goods, placed on the Website and (or) in the DIAMONIST Mobile Application.
1.4. Consumer Protection Law – Law of the Russian Federation of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”.
1.5. Client – any individual, visitor to the Website or Mobile Application, accepting the terms of these Rules, intending to order or purchase, or ordering, purchasing the Product, or using the Product exclusively for personal, family, household and other needs not related to entrepreneurial activity.
1.6. Personal Account – a personal section of the Website and (or) Mobile Application, access to which is provided to the Client after completing the registration procedure, and intended for the implementation, modification, tracking of Orders and management of Client data.
1.7. Rules or these Rules – this document regulating the terms of sale of the Product on the Website and in the Mobile Application, as well as the terms of use of the Website and Mobile Application.
1.8. Trading Rules - RF Government Resolution No. 2463 of 31.12.2020 "On approval of the Rules for the sale of goods under a retail sale and purchase agreement, a list of durable goods that are not subject to the consumer's requirement to provide him with a product with the same basic consumer properties free of charge during the period of repair or replacement of such goods, and a list of non-food products of good quality that cannot be exchanged, as well as on amendments to certain acts of the Government of the Russian Federation."
1.9. Website - www.diamonist.ru. The Website with all materials and data posted on it belongs to and is administered by DIAMONIST.
1.10. Services (of the Website and (or) Mobile Application) - functional services and tools, as well as their combinations, provided by the software of the Website and (or) Mobile Application and available to Clients. The Administrator has the right to change the Services of the Site and (or) the Mobile Application and their functional features independently and without notifying the Clients.
1.11. Delivery Service – third parties providing services for the delivery of Orders under an agreement with DIATON LLC.
1.12. Mobile Application – the DIAMONIST mobile application, which is software for the iOS and Android operating systems owned by DIAMONIST, designed to run on smartphones, tablets and other mobile devices (devices) that are means of communication in accordance with Federal Law No. 126-FZ of 07.07.2003 "On Communications", in order to provide Clients with access to the interface of the mobile application, presented in the form of a set of information, software and hardware, machine code and layout, various objects of intellectual property (including computer programs, databases, graphic design of the interface (design), etc.). The Mobile Application and all materials and data posted in it belong to and are administered by DIAMONIST.
1.13. Product – costume jewelry, accessories, jewelry and other items made of precious metals and (or) precious stones from the DIAMONIST assortment presented on the Site and (or) in the Mobile Application.
1.14. Point of sale – DIAMONIST retail stores, the addresses, contacts and working hours of which are indicated on the Site page: Stores.
2. GENERAL PROVISIONS
2.1. These Rules, as well as information about the Product on the Website and (or) in the Mobile Application, are a public offer in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation and contain all the essential terms of the retail sale and purchase agreement for the Product, including those related to the procedure and terms of payment, delivery and return of the Product.
2.2. Placing an Order is the Client's acceptance of the conclusion of the retail sale and purchase agreement for the Product on the terms set out in the description of the Product on the Website and (or) in the Mobile Application, as well as in these Rules.
2.3. In the context of the execution of the terms of these Rules, the provisions of § 2 of Chapter 30 of the Civil Code of the Russian Federation, the Trade Rules, the Law on the Protection of Consumer Rights, the Federal Law of 07.08.2001 No. 115-FZ "On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism", the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data", the Federal Law of 07.07.2003 No. 126-FZ "On Communications", the Federal Law of 13.03.2006 No. 38-FZ "On Advertising" and other regulatory and by-laws adopted in accordance with them shall apply to the relations between DIAMONIST and the Client.
2.4. When placing an Order, the Client must be guided by the information about the Product posted on the Product card. The images of the Product presented on the Website and/or in the Mobile Application are for reference only and may, in terms of perception of their image, size, shape and color, depending on the browser or monitor used, not accurately convey their correspondence to the actual Products.
2.5. DIAMONIST has the right at any time, unilaterally (without prior notice to the Client) to change these Rules by posting an updated version of the Rules on the Website and in the Mobile Application. All changes come into force and are considered to be brought to the attention of the Client at the time of posting the new version of the Rules on the Website and in the Mobile Application.
3. REGISTRATION
3.1. Registration on the Website and/or in the Mobile Application is a mandatory condition for placing an Order.
3.2. When registering on the Website and/or in the Mobile Application, the Client can access the Personal Account. DIAMONIST shall not be liable for the accuracy, correctness and reliability of the information provided by the Client during registration, placing an Order and (or) contained in the Client's Personal Account. DIAMONIST shall not be liable for failure to fulfill obligations due to the Client providing false information.
3.3. The Personal Account is accessed using the Client's phone number and the SMS code sent by DIAMONIST to the Client's phone number each time the Client attempts to access the Personal Account.
3.4. The Client undertakes not to disclose the SMS code to third parties. DIAMONIST shall not be liable for unauthorized access to the Client's Personal Account.
4. PLACING AN ORDER
4.1. The Order is placed by the Client by adding the Product to the cart and filling in the required information in the "Place an Order" section of the Website and/or Mobile Application.
4.2. DIAMONIST has the right to contact the Client at the email address and/or phone number specified by them, including in messengers, in order to clarify the details of the Order, as well as for the purposes provided for in Section 8 of the Rules.
4.3. After completing the Order, DIAMONIST sends information about the Order to the email address specified by the Client when placing the Order, which includes the Order number, information about the ordered products and other essential terms of the agreement, and also informs the Client of subsequent changes in the Order status.
4.4. By placing an Order, the Client agrees that some items of the ordered Product may be out of stock at DIAMONIST, of which DIAMONIST will additionally notify the Client. In this case, the Client may change or cancel the Order.
4.5. If no response is received from the Client within 3 (three) calendar days from the date of notification, DIAMONIST has the right to cancel the Order in whole or in part by sending a message to the Client's e-mail address specified when placing the Order.
4.6. In the event of a full or partial cancellation of a pre-paid Order, the cost of the cancelled Goods is returned by DIAMONIST to the Client to the bank account from which the Order was paid, in the manner prescribed by these Rules.
5. TERMS OF DELIVERY OF GOODS
5.1. Delivery of Goods is carried out by the methods described in the Delivery and payment section of the Website.
5.2. The Client's choice of the appropriate method of delivery of Goods means his unconditional consent to the procedure, terms and price of delivery, which are determined by the Delivery Service.
5.3. If it is impossible to deliver the Goods for reasons beyond the control of DIAMONIST or the Delivery Service, such as: the Client indicating an incorrect or incomplete delivery address; the Client indicating an incorrect or incomplete phone number; the impossibility of contacting the Client; no one is home at the delivery address or no one opens the front door, then re-delivery of the Order is carried out at the Client's expense.
5.4. The Client is solely responsible for the safety of the information that allows the receipt of the Order. If a person located at the delivery address or who has arrived at the delivery point tells the Delivery Service representative the Order number or enters the access code to the parcel terminal cell, such actions are considered by DIAMONIST as the transfer by the Client of their authority to receive the Order to such person (authority due to the situation). The provisions of this paragraph do not apply to jewelry, as well as to other products made of precious metals and precious stones. Jewelry and (or) other products made of precious metals and precious stones are transferred personally to the Client or to another person acting on behalf of the Client under a notarized power of attorney.
5.5. Acceptance of the Order by the Client:
5.5. 1. When delivering the Order by the Delivery Service, by self-pickup, through order pick-up points: The Client is obliged, in the presence of a representative of the Delivery Service, a representative of DIAMONIST, an employee of the order pick-up point, to check the integrity of the Order and (or) Goods packaging and inspect it for external damage, opening and deformation. Having made sure that the packaging is intact and that there are no signs of external damage and/or opening, open the packaging and check the Product for compliance with the Order.
PLEASE NOTE: the packaging must be opened and the Product must be checked without damaging and/or breaking the integrity of the labels, tags, and seals.
Upon completion of acceptance, the Client signs the shipping documents. The signature on the shipping documents indicates that the Client has accepted the Product without any comments, claims regarding the appearance, completeness, or cost of the Product.
5.5.2. When delivering the Order through pick-up points, the Client is obliged to pick up the Order within the time period established by the relevant Delivery Service. If, as a result of the Client's failure to meet the deadline for receiving the Order, such Order is sent back to DIAMONIST, re-sending the Order will be subject to a fee. If the Client refuses a pre-paid Order, the funds are returned to the Client in the manner prescribed by these Rules.
5.6. When delivering the Order via parcel terminals, the Client undertakes to check the integrity of the Order and (or) Goods packaging and inspect it for external damage, opening, deformation. If damage and (or) opening and (or) deformation is detected, the Client, without leaving the parcel terminal, undertakes to make a video recording of the damage to the Order and (or) Goods against the background of the parcel terminal and send this video to DIAMONIST at the address: support@diamonist.ru. If it is impossible to return the Order and (or) Goods to the parcel terminal, the opening of the Order and (or) Goods packaging that arrived with signs of damage and (or) opening and (or) deformation must be carried out with mandatory video recording.
6. PAYMENT FOR THE GOODS. REFUND
6.1. Payment for the Goods:
6.1.1. The methods of payment for the Goods are indicated on the DIAMONIST Website in the Delivery and Payment section, and are available for selection during the Order placement process, depending on the Order terms.
6.1.2. Payment can be made by any method selected by the Client on the Website or in the Mobile Application when placing the Order.
6.1.3. The price of the Goods is indicated on the Website and (or) in the Mobile Application. The price of the Goods on the Website and (or) in the Mobile Application can be changed by DIAMONIST unilaterally, however, the price of the Goods in the placed Order is not subject to change.
6.2. Refunds:
Refunds, in cases stipulated by the Rules, are made within 10 (ten) calendar days from the date of receipt of the Goods (of proper and (or) improper quality) from the Client.
6.3. Refunds of cash for Goods purchased using non-cash payment are PROHIBITED (clause 1 of the Bank of Russia Instruction dated 09.12.2019 No. 5348-U "On the rules for cash payments").
6.4. In case of refusal of Goods of proper quality after their acceptance, the cost of delivery of the returned DIAMONIST Goods is not reimbursed and is not returned to the Client.
7. RETURN OF GOODS, REPAIR, REPLACEMENT
7.1. Return of Goods of proper quality:
7.1.1. The Client has the right to refuse Goods of proper quality, if these are not products made of precious metals and (or) with precious stones, at any time before receiving them, and after receiving them within 30 (thirty) calendar days from the date of receipt of the Goods.
7.1.2. Refusal of jewelry and other products made of precious metals and (or) precious stones, cut precious stones of proper quality, acquired remotely (i.e. excluding the possibility of the Client directly familiarizing himself with the Goods before the receipt is issued) is allowed at any time before their transfer to the Client, and after the transfer - within 7 (seven) days.
7.1.3. Jewelry and other products made of precious metals and/or precious stones, cut precious stones of proper quality, purchased at a retail point of sale, are not subject to exchange or return on the basis of paragraph 9 of the list of non-food products of proper quality that cannot be exchanged, approved by Decree of the Government of the Russian Federation of December 31, 2020 No. 2463.
7.1.4. Return of Goods of proper quality is possible if their presentation (packaging, seals, labels, nameplates, state assay mark, marking), consumer properties, as well as a document confirming the fact and conditions of its purchase (cash receipt) are preserved. To return the Goods, an identity document is also required.
7.1.5. Refunds for the specified products are made within 10 (ten) business days from the date of receipt of the products by the seller.
7.1.6. The seller's transportation costs for the return of jewelry made of precious metals and/or with precious stones, jewelry and steel watches of proper quality, purchased remotely, shall be compensated by the buyer.
7.1.7. The return of the Goods shall be carried out in the manner and by the methods listed on the Website page: Return, and also taking into account the provisions of this section of the Rules.
7.1.8. In case of refusal of the Goods of proper quality, DIAMONIST shall return to the Client the cost of the Goods, with the exception of DIAMONIST's expenses related to the delivery of the Goods returned by the Client, within the timeframes specified in paragraph 6.2 of these Rules.
7.2. Return of the Goods of inadequate quality:
7.2.1. The Goods of inadequate quality shall be understood to mean the Goods that have a defect that DIAMONIST did not notify the Client about in advance, for example: defects, malfunctions, violation of the completeness, quantity, non-compliance of the Goods with the characteristics specified on the Website and (or) in the Mobile Application.
The discrepancy between the size, shape and color of the Product and the image on the Website and/or in the Mobile Application is not a defect of the Product, since depending on the browser and/or monitor used, the image may not accurately (distortly) convey the color, size and shape of the Product.
7.2.2. The return of the Product is carried out in the manner and by the methods listed on the Website page: Return, and also taking into account the provisions of this section of the Rules.
7.2.3. Claims for the return of the amount paid for the Product are subject to satisfaction within the timeframes specified in paragraph 6.2 of these rules.
7.3. Replacement of the Product:
Due to the specifics of the remote trading method, the replacement of the Product can only be carried out by returning the defective Product and placing a new Order.
8. COUNTERING MONEY LAUNDERING AND TERRORISM FINANCING
DIAMONIST is obliged to identify the Client if he/she purchases jewelry and other items made of precious metals and/or precious stones for the following amounts:
• for cash: for an amount equal to or exceeding 60,000 (sixty thousand) rubles, or for an amount in foreign currency equivalent to 60,000 (sixty thousand) rubles; or
• for non-cash payments: for an amount equal to or exceeding 400,000 (four hundred thousand) rubles, or for an amount in foreign currency equivalent to 400,000 (four hundred thousand) rubles.
For identification purposes, DIAMONIST must obtain the following information from the Client:
• last name, first name, patronymic (unless otherwise required by law or national custom);
• citizenship;
• date of birth;
• details of the identity document;
• details of documents confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation (if applicable);
• address of residence (registration) or place of stay;
• taxpayer identification number (if any).
In the event of failure to provide the data specified in this section, DIAMONIST will be forced to refuse to conclude a purchase and sale agreement with the Client (clause 2.2, article 7 of the Federal Law of 07.08.2001 No. 115-FZ "On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism").
By placing an Order by the Client for jewelry and other items made of precious metals and/or precious stones for the amounts specified in this section and providing DIAMONIST with information to identify the Client, this means that the Client agrees to the processing of his/her personal data listed in this section in order for DIAMONIST to comply with the requirements of the Federal Law of 07.08.2001 No. 115-FZ "On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism" and their subsequent submission to the Federal Financial Monitoring Service (Rosfinmonitoring) and/or the Federal Assay Office in cases stipulated by the current legislation of the Russian Federation.
The processing of the Client's personal data for the purposes of this section is carried out using automated and non-automated processing tools. The processing of personal data includes: collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (provision, access), depersonalization, blocking, deletion, destruction. The consent to the processing of the Client’s personal data provided for in this section of the Rules is provided for a term – indefinitely, with the possibility of revoking such consent by sending a notice to DIAMONIST.
9. PERSONAL DATA PROTECTION.
9.1. DIAMONIST processes the personal data of Clients under the terms and conditions set out in the Regulation on the processing and protection of personal data.
9.2. By providing their personal data to DIAMONIST by filling in the relevant web forms, the Client agrees to their processing by DIAMONIST, including for the purposes of fulfilling obligations to the Client within the framework of these Rules, maintaining and updating the client base, promoting DIAMONIST goods and services, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, advertising, incentive and other promotional events, obtaining and studying statistical data on the level of demand, sales volumes, parameters of audience activity and involvement, the level of customer support, organizing the delivery of goods to Clients, monitoring the level of Client satisfaction, as well as the quality of services provided by DIAMONIST.
9.3. The Administrator has the right to collect technical and statistical data that does not contain confidential information, is not personal data and is transmitted automatically by the Client's device when using the Site and (or) Mobile Application, including technical characteristics of the device and its software, cookies, and other similar non-personal information. Such technical data is collected in order to ensure the functioning, security, improvement and development of the quality of services and Services, and is not used to identify the Client or process personal data about him.
9.4. DIAMONIST receives information about the identifier of the device of the visitor to the Site and (or) Mobile Application connected to the local network and/or the Internet (IP address). This information is used exclusively for statistical purposes and is not used to identify the Client.
9.5. By accepting the terms of these Rules, the Client gives his consent to the transfer of personal data to the Delivery Service.
10. CONSENT TO RECEIVE ADVERTISING MAILING.
10.1. By subscribing to DIAMONIST SMS and email mailings, the Client agrees to receive informational messages, including advertising messages, to the mobile phone number and/or email address specified by the Client when subscribing to the newsletter on the Website and/or in the Mobile Application.
10.2. The Client is informed that in order to unsubscribe from the newsletter, the Client will need to independently follow the "unsubscribe from mailing" link specified in the text of messages sent by the Website and/or Mobile Application Administrator from the email address: noreply@diamonist.ru, or notify of the refusal to receive DIAMONIST newsletters to the following email addresses: support@diamonist.ru
10.3. The Client also gives permission to DIAMONIST to collect, store and process all personal data transferred by him to DIAMONIST (including: last name, first name, middle name, phone number and email address) for the purpose of informing about news and other events of DIAMONIST, service messages about the Order and the stages of its processing.
11. OTHER TERMS.
11.1. All information posted on the Website and (or) in the Mobile Application, including but not limited to: text, graphics, images (photographs, drawings), other content and materials are the results of intellectual activity, the use of which is not permitted without the prior written consent of the copyright holder.
11.2. Quoting any materials from the Website and (or) Mobile Application is permitted with the obligatory placement of a link to the original source (clause 1 of Article 1274 of the Civil Code of the Russian Federation).
11.3. In all other respects not regulated by these Rules, the Client and DIAMONIST are guided by the current legislation of the Russian Federation.
11.4. The recognition by the court of the invalidity of any clause or provision of these Rules shall not entail the invalidity of the remaining provisions of the Rules.
11.5. These Rules are not intended to limit the rights of the Client as a consumer in comparison with the rights granted to him by the current legislation of the Russian Federation. The Client has the right to use all rights granted to him by the current legislation of the Russian Federation and to exercise them to the extent and in the manner stipulated by the legislation of the Russian Federation.
11.6. All possible disputes arising from these Rules or related to them shall be resolved in accordance with the current legislation of the Russian Federation.