The Buyer interested in purchasing the Goods on the terms set out in this Offer is strongly recommended to carefully read its text, and in case of disagreement with any of its clauses, he is asked to refuse to purchase the Goods or use the services provided by the Seller. A response indicating consent to conclude an agreement on conditions other than those proposed in the offer is not acceptance, i.e. consent to enter into this agreement.
1.1. The Seller sells the Goods through the online store at the address: https://x-phone.plus/, in accordance with the Civil Code of the RUSSIAN FEDERATION, an offer containing all the essential terms of the contract, from which the will of the person making the offer is seen to conclude an agreement on the specified in the terms of the offer with anyone who responds is recognized as an offer, and the performance by the person who received the offer of actions to fulfill the conditions specified in it is considered the conclusion of an agreement by the person who performed the specified action with the person who made the corresponding offer.
1.2. This document is an offer, i.e. the Seller's proposal to conclude a contract for the purchase and sale of goods with any individual or legal entity based on familiarization with the description of the goods presented on the Site.
1.3. The Seller's obligations to transfer the Goods and other obligations related to the transfer of the Goods arise from the moment the purchase and sale agreement for the Goods is concluded under the terms of this Offer.
1.4. A person who agrees with the terms of this Offer and all its annexes set out below has the opportunity to enter into a purchase and sale agreement with the Seller for the Goods, the description of which is presented on the Site. The Agreement comes into force from the moment the Seller sends confirmation of acceptance of the Order to the Buyer by sending a message to the email or phone number specified during registration.
1.5. In this offer, unless the context requires otherwise, the following terms have the following meanings:
Buyer - an individual or legal entity who has entered into an Agreement with the Seller on the terms contained in the Offer.
Seller - X-MOBILE LLC
Online store is an Internet site located on the Internet at https://x-phone.plus/ru, which presents products offered to Buyers for placing Orders, as well as terms of payment and delivery of these Orders to Buyers.
Product - any product of labor that has not been withdrawn from circulation, presented for sale on the Site.
Order - a duly completed request from the Buyer for the purchase and delivery to the address specified by the Buyer of goods selected on the Site.
Offer - this document , which is the Seller’s offer, addressed to any individual or legal entity, to conclude a contract for the purchase and sale of Goods (hereinafter referred to as the “Agreement”) on the terms contained in the Offer, including all its annexes.
Acceptance - full and unconditional acceptance by the Buyer of the terms of the Offer one of the methods established in clause 1.4. of this Offer.
Delivery - services for the delivery of the Product to the address specified by the Buyer, and its transfer to the Buyer, or to the person specified by the Buyer.
1.6. The buyer agrees to the Terms of Sale of Goods by agreeing on the order details with a representative of the online store, receiving the order number by email or via SMS to the mobile phone number left when placing the order.
1.7. The terms of the agreement may be changed by the Seller unilaterally without notifying the Buyer. The new version of the Agreement comes into force from the moment of its publication on the Site, unless otherwise provided by the terms of this Agreement.
Subject of the Agreement.
2.1. The Seller undertakes to sell, and the Buyer undertakes to accept and pay for the Goods at the prices indicated in the description of the Goods on the corresponding page of the Site, under the terms of this Offer, the current version of which is posted on the Site.
2.2. This Agreement applies to all types of Products and services presented on the Site, as long as such offers with descriptions are present in the online store catalog.
Registration on the Site.
3.1. Registration on the Site is carried out at: https://x-phone.plus
3.2. Registration on the Site is not mandatory to place an Order.
3.3. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
3.4. The user undertakes not to disclose to third parties the login and password specified by him during registration. If the User has any suspicions regarding the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller by sending an appropriate email to the address: email@example.com
3.5. The Buyer’s communication with operators/managers and other representatives of the Seller must be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, swearing, offensive expressions, as well as threats and blackmail, regardless of the form and to whom they were addressed, is strictly prohibited. If the Buyer violates this requirement, the Seller has the right to add this Buyer to the “Black List” and cancel orders placed in the online store after receiving notification of his inclusion in the “Black List”. The specified notification is sent to the Buyer to the email address specified by the Buyer during registration, or when placing an Order without registration.
Product and purchase procedure:
4.1. The Buyer's order is processed in accordance with the procedures specified on the Site in the “Products” section.
4.2. The photographs accompanying the Product are simple illustrations of it and may differ from the actual appearance of the Product. The descriptions/characteristics accompanying the Product are for reference only and cannot fully convey reliable information about the properties and characteristics of the Product, including color, size and shape, do not claim to be exhaustive and may contain typographical errors. To clarify information on the Product, the Buyer must contact the Customer Support Service at firstname.lastname@example.org
4.3. The Buyer’s registration of an Order and its further transfer for execution means that the Buyer has sufficiently and fully familiarized himself with the Product, with information about the presence (absence) of discounts, as well as the impact of the terms of the Order on the formation of the final price of the Product.
4.4. If the Goods ordered by the Buyer are not in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order by notifying the Buyer of this by sending a corresponding message to the phone number or email address specified by the Buyer during registration (or by calling the Seller's operator).
4.5. The information contained in advertising offers is not final and can be adjusted; you can obtain the final operating conditions and warranty statements from the support service, and they are also specified in the contract concluded upon purchase for each product. Gift goods or services can be provided one-time or over a long period, and can also be terminated unilaterally by notifying the buyer in advance by email specified during registration or making a purchase.
4.6. The buyer has the right to make a pre-order for goods that are temporarily out of stock.
4.7. When placing an order in the online store, the Buyer is obliged to provide information about himself:
Full name. Buyer of the Goods (Buyer's representative for legal entities);
TIN (for legal entities);
delivery address of the Goods;
contact telephone number and email of the Buyer of the Goods.
4.8. The Buyer bears full responsibility for providing incorrect information, resulting in the impossibility of the Seller to properly fulfill its obligations to the Buyer.
4.9. After placing an Order on the Site and receiving an electronic confirmation from the Seller (if there is an email address), the manager servicing this Order clarifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required for processing and delivery of the Order.
Delivery of the Order:
5.1. The terms of delivery of Goods are indicated on the Site in the “Delivery of Goods” section.
5.2. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
5.3. Upon delivery, the Order is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If it is impossible to receive an Order paid for in cash by the persons indicated above, the Order may be delivered to a person who can provide information about the Order (shipment number and full name of the Recipient), as well as pay the cost of the Order in full to the person delivering the Order.
5.4. In order to avoid cases of fraud, as well as to fulfill the obligations assumed in paragraph 5 of this Agreement, when delivering a prepaid Order, the person delivering the Order has the right to request an identification document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt to the Order.
5.5. The risk of accidental damage to the Goods passes to the Buyer from the moment the Order is transferred to him and the Recipient of the Order signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller reimburses the Buyer for the cost of the Order prepaid by the Buyer and delivery in full after receiving confirmation of the loss of the Order from the Delivery Service.
5.6. The delivery cost of each Order is calculated individually, based on the delivery method and is indicated on the Site at the last stage of placing the Order.
5.7. Ownership of the Goods and the risks associated with them passes from the Seller to the Buyer at the time of transfer of the Goods. Confirmation of the transfer of ownership of the goods is the signature of the Recipient on the accompanying documents.
5.8. The Buyer understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the execution of which ends when the Recipient receives the Goods and makes payment for it. Claims to the quality of the purchased Goods that arise after receipt and payment of the Goods are considered in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights”, if the Buyer is an individual, the Civil Code of the Russian Federation, if the Buyer is a legal entity, and the warranty obligations of the Manufacturer. In this regard, the purchase of Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purposes of warranty service or replacement, and does not provide the opportunity to carry out warranty service or replace the Goods by visiting the Buyer.
5.9. The received Product must correspond to the description on the Site. Differences in design or design elements from those stated in the description on the Site are not a sign of poor quality or functionality of the Product.
5.10. Upon delivery of the Goods, the Recipient must check the completeness and absence of defects in the goods (completeness is determined by the technical data sheet of the goods), otherwise claims for completeness and visible defects will not be accepted. After this, the Recipient puts his signature on the delivery receipt in the column: “I accepted the order, complete set, I have no complaints about the quantity and appearance of the goods.” After payment, the order is transferred to the Recipient.
5.11. If the buyer is a legal entity, the representative receiving the Goods must have a power of attorney to receive the goods, drawn up in accordance with the Legislation of the Russian Federation and an original identity card.
Payment for Goods:
6.1. All payments between the Parties are carried out in the currency of the country where the store is located to the bank account.
6.2. The price of the Product is indicated on the Site. If the price of the Goods ordered by the Buyer is incorrectly indicated, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered cancelled. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order in the same way it was paid.
6.3. The price of the Product on the Site can be changed by the Seller unilaterally. In this case, the price for the Buyer’s Order confirmed by the Seller is not subject to change.
6.4. Methods and procedures for paying for goods are indicated on the website in the “Cart Payment and Delivery” section. If necessary, the procedure and terms of payment for the ordered goods are negotiated by the Buyer with the manager of the online store.
6.5. In case of cash payment, the Buyer is obliged to pay the Seller the price of the goods at the time of its transfer by transferring money to the representative of the online store, who will deliver the goods or to the delivery courier.
6.6. Features of payment for Goods using bank cards:
6.6.1 In accordance with the Rules for the issuance and use of payment cards approved by the Resolution of the Board, transactions on bank cards are carried out by the card holder.
6.6.2 Authorization of transactions on bank cards is carried out by the bank. If the bank has reason to believe that the operation is fraudulent, then the bank has the right to refuse to carry out this operation.
6.6.3 To avoid various cases of misuse of bank cards when paying for goods and services, all Orders placed on the Site with prepayment by bank card, verified by the Seller. According to the Rules of International Payment Systems, in order to verify the identity of the owner and his competence to use the card, the Buyer who placed such an order is obliged, upon request received from the Seller, to provide a copy of the identity document of the owner of the bank card with a photo, as well as a copy of the bank card on both sides (the card number must be covered except for the last four digits). The Seller reserves the right to cancel the Order without giving a reason, including in the event of failure to provide the specified documents by the Buyer (by email in the form of scanned copies) within 1 (one) calendar day from the date of placing the Order or if there are doubts about their authenticity. The cost of the Order is returned to the owner's card.
6.6.4. Upon receipt of the Goods issued with a bank card, the seller's representative has the right to request, and the buyer undertakes to present, the original identification document and the original payment card (the card number must be closed, except for the last four digits) from which the payment was made.
6.7 The Seller has the right to provide discounts for Products and establish a bonus program. Types of discounts, bonuses, procedures and conditions for accrual are indicated on the Site and can be changed by the Seller unilaterally.
6.8. In case of prepayment, the Goods for the Order are not reserved until the Buyer's funds are credited to the Seller's bank account. The Seller cannot guarantee the availability of the Goods in the Seller’s warehouse in the quantity specified at the time of placing the Order; as a result, the processing time for the Order may increase.
6.9. When paying for the Goods with a bank card in the Seller's retail stores, in order to avoid fraud, the Buyer, upon request of the Seller, must present an identification document.
Exchange and return of Products:
7.1. Exchange and return of Goods of proper quality (possible only for individuals):
7.1.1. The buyer, an individual purchasing goods for personal, family, home or other use not related to business activities, has the right, in accordance with the Law “On the Protection of Consumer Rights,” to exchange the purchased goods in stores within 14 (fourteen) days from the date of transfer of the goods to him Seller.
If the Seller does not have the goods required for exchange, the Buyer has the right to return the purchased goods to the Seller and receive the amount of money paid for it. Exchange and return of Goods of good quality are possible if they have not been used and their presentation, packaging, consumer properties, seals, labels, as well as a document confirming the fact of purchasing the goods from the Seller, have been preserved.
To exercise this right, the buyer must provide the following:
— Application indicating the stated requirement;
— A copy of an identification document;
— Warranty card;
— Complete goods.
— Certificate of absence of traces of use, issued by the service center.
7.1.3. When returning money for the Goods, the Seller returns the cost of the returned Goods, with the exception of the Seller’s expenses associated with the delivery of the Goods returned by the Buyer.
7.2. Return of Goods of inadequate quality:
7.2.1. If the Buyer was given a Product of inadequate quality, which was not agreed upon in advance by the Seller, the Buyer has the right to take advantage of the provisions of the “Consumer Rights in the Event of the Sale of Goods of Inadequate Quality” of the Law “On Protection of Consumer Rights.”
7.2.3. If defects are detected in the purchased Product, the Buyer has the right to contact the Seller within the time limits established by the Law on the Protection of Consumer Rights.
7.2.4. The Buyer, in the event of discovering defects in the Product and making demands to the Seller, the Buyer must provide the following documents:
A written statement indicating one of the requirements provided for by the Law “On Protection of Consumer Rights”.
Documents confirming the purchase of the Product from the Seller.
Identity document of the Buyer.
Conclusion from the Manufacturer’s authorized service center regarding the inadequate quality of the Product due to the fault of the Manufacturer.
Warranty card or other document replacing it.
The product itself is fully complete and complete.
Power of attorney of a representative of a legal entity.
7.2.5. The Seller has the right to conduct an additional check of the quality of the Goods within thirty calendar days from the date of presentation of the Buyer’s demand, in accordance with Article 30 of the Law “On Protection of Consumer Rights”. If it is discovered that the defects of the Goods did not arise through the fault of the Seller/Supplier, the costs of conducting the examination shall be borne by the Buyer.
7.3. If the returned Goods were paid for by a bank card, the Seller will also refund the funds to the bank card.
7.4. When making a request for a refund for the Goods, the Buyer must have with him the original of the control receipt received upon purchasing the Goods, since according to the Code “On Taxes and Other Mandatory Payments to the Budget”: Operations for canceling an erroneously entered amount or returning cash for goods sold , work performed, services provided are carried out in accordance with the technical requirements of the manufacturer of the cash register model, provided that the original control receipt is available and an entry has been made in the cash book.
7.5. All written complaints are accepted through the book of complaints and suggestions on the Site by email: email@example.com
8.1. The Seller is not responsible for damage caused to the Buyer due to improper use of Goods purchased through the Site.
8.2. The seller is not responsible for the content and operation of external sites.
8.3. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
8.4. The parties are released from liability for complete or partial failure to fulfill their obligations if the failure is a consequence of such insurmountable circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, adverse weather conditions making it impossible to fulfill obligations, acts or actions of government authorities , changes in customs rules, import and export restrictions that arose regardless of the will of the Parties after the conclusion of this Agreement. The Party that cannot fulfill its obligations immediately notifies the other Party about this and provides documents confirming the existence of such circumstances, issued by authorized bodies.
Confidentiality and protection of information provided by the User/Buyer
9.1. The Buyer gives his consent to the collection, processing and storage of his personal data for the purposes specified in this Agreement. The Seller may request the Buyer to provide personal information. The information provided is used exclusively when processing the Order in the online store or to provide the Buyer with access to special information. Personal information The Buyer can change, update or delete.
9.2. The Seller uses the Buyer’s personal data:
— to register the User on the Site;
— to fulfill its obligations to the Buyer;
— to evaluate and analyze the work of the Site;
— to determine the winner in promotions conducted by the Seller .
9.3. The Seller ensures the confidentiality of the Buyer's personal data.
9.4. The Seller is not responsible for the information provided by the Buyer on the Site in a publicly accessible form.
9.5. The buyer gives his consent to the sending of informational messages of an advertising nature to the telephone numbers and email addresses specified in the order.
The buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
9.6. The Seller receives information about the IP address of the Site visitor: https://x-phone.plus. This information is not used to identify the visitor.
9.7. The Seller has the right to record telephone conversations with the Buyer. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and/or transfer it to third parties not directly related to the execution of Orders, in accordance with the chapter “On Informatization”.
10.1. The Seller has the right to transfer in any way his rights and obligations arising from his relationship with the Buyer to third parties.
10.2. The online store and the services provided may be temporarily unavailable, partially or completely, due to maintenance or other work, as well as for any other technical reasons. The Seller's technical service has the right to periodically carry out the necessary preventive or other work with or without prior notification to the Buyers.
10.3. The provisions of the law apply to the relationship between the Buyer and the Seller.
10.4. The parties will try to resolve all disputes that arise through negotiations; if no agreement is reached, the dispute will be referred to the judicial authorities in accordance with the current legislation at the location of the Seller's legal address.
10.5. Recognition by a court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.