Terms of agreement
Agreement on the use of the services of the online store "Fiboplus.ru".
This agreement, hereinafter referred to as the "Agreement", is concluded between the Internet store "Fiboplus.ru", which has an address on the Internet Fiboplus.ru, hereinafter referred to as the "Internet Store" or "Website", and the user of the services of the Online Store, hereinafter referred to as the "Buyer", and determines the conditions for the purchase of goods through the Site.
Goods mean "Digital Goods" - a service, good or right (including the right to use a computer program, subscription or other goods consumed using electronic devices), the obligation to provide which the Seller (or a third party specified by him) to The Buyer is certified by sending the Electronic Code and the License.
1. Basic provisions
1.1. This Agreement is concluded between the Buyer and the online store at the time of placing the order.
The Buyer confirms his agreement with the conditions established by this Agreement by putting a mark in the box "I agree with the terms of the Agreement" when placing an order.
1.2. The relations between the Buyer and the Online Store are subject to the provisions of the Civil Code of the Russian Federation on retail sale and purchase (§ 2 Chapter 30), as well as the Law of the Russian Federation “On Protection of Consumer Rights” dated 07.02.1992 No. 2300-1 and other legal acts adopted in accordance with with them.
1.3. The buyer can be any individual or legal entity capable of accepting and paying for the goods ordered by him in the manner and on the terms established by this Agreement on the territory of the Russian Federation.
1.4. The buyer is responsible for the correct filling of all items of the order form. If there are errors or incomplete information is provided in the fields “Name” in the personal account (the name must be the same as in MetaTrader) and “Delivery address”, the online store is completely removed from responsibility for the execution of the order.
1.5. The Site Administration has the right to refuse to provide the Services to the Buyer at any time prior to receipt of payment without explanation.
1.6. The online store has the right to refuse to provide the Services to the Buyer after receiving payment in the following cases:
- 1.6.1. if the goods are not in the Seller's warehouse within 15 working days from the date of receipt of payment by the online store;
- 1.6.2. if the Online Store has doubts about the accuracy of the information provided by the Buyer when filling out the order form, including, but not limited to, the name of the buyer and the delivery address of the goods.
1.7. In case of refusal to provide the services of the online store for one of the reasons listed in clause 1.6. of this Agreement, the Online Store returns the funds received from the Buyer, minus the commission of the Intermediaries used for money transfers.
1.8. Refunds to the Buyer are carried out by the same method and to the same payment details that were used to pay for the services of the online store.
1.9. The online store reserves the right to make changes to this Agreement.
1.10. This Agreement shall be considered in the form as it is published on the Site, and shall be applied and interpreted in accordance with the laws of the Russian Federation.
1.11. Services are considered fully rendered by the online store from the moment the goods are transferred to the Buyer by the transport company.
2. Product information
2.1. The product is presented on the Site through icons that are the property of the online store.
2.2. Each icon is accompanied by textual information: price and product description.
2.3. At the request of the Buyer, the manager of the online store is obliged to provide (by phone or by e-mail) other information necessary and sufficient, from the point of view of the Buyer, for him to make a decision to purchase the goods.
2.4. The price of the goods indicated on the Site can be changed by the online store unilaterally.
2.5. In the event of a change in the price of the goods ordered by the Buyer, the manager of the online store informs the Buyer about this as soon as possible (by phone or by e-mail) in order to receive confirmation or cancel the order. If it is impossible to contact the Buyer, this order is considered canceled.
2.6. The online store reserves the right to expand and reduce the product offer on the Site, regulate access to the purchase of any goods, and also suspend or stop the sale of any goods at its sole discretion.
3. The procedure for purchasing goods
3.1. The buyer has the right to place an order for any product presented on the Site.
The order can be placed by the Buyer in the following ways: by phone, by e-mail, or placed independently on the Site.
3.2. After placing an order, an invoice is sent to the Buyer's e-mail confirming the acceptance of the order, indicating the names of the selected goods and the total amount of the order, which is an integral part of this Agreement. Further, the manager of the online store contacts the Buyer (by phone or by e-mail) to receive an order confirmation.
3.3. In the absence of goods in stock, the manager of the online store is obliged to inform the Buyer about this (by phone or by e-mail).
3.4. The buyer has the right to make a preliminary order for goods temporarily out of stock by making an advance payment in the manner agreed with the manager of the online store. If the goods are prepaid, the order is processed only after the prepayment has been made.
3.5. In the absence of goods, the Buyer has the right to replace it with another product or cancel the order.
3.6. The Buyer has the right to refuse the ordered goods at any time before it is sent to the Buyer, notifying the Online Store in advance (by phone or by e-mail).
4. Delivery and acceptance-transfer of goods
4.1. The buyer can pick up his goods in the store on his own (self-delivery). After payment for the goods, a link to the downloaded files appears in the letter.
4.2. The buyer can receive his product and all attached files by e-mail. This service is ordered by the Buyer separately, after payment, by sending a letter.
4.3. Sending and delivery of the ordered goods is carried out within the terms agreed with the Buyer.
5. Payment for goods
5.1. Payment for goods is made by bank transfer by bank card, electronic wallets.
5.2. The goods are paid for in Russian rubles.
6. Return of goods
6.1. The online store does not return goods or exchange them for money if the purchased goods did not suit you for any reason.
7.1. The online store is not responsible for any expenses of the Buyer or direct or indirect damage that may be caused to the Buyer as a result of using the services of the online store, caused to the User as a result of the use or inability to use the Services and incurred as a result of errors, omissions, interruptions in work, deletion files, changes in functions, packaging defects, delays in data transfer, etc., which occurred through no fault of the online store.
7.2. The online store is not responsible for the actions of related services and services used to provide the Services to the Buyer, but not owned by the online store, such as: banks, transport companies, Internet providers, email services, payment systems, etc.
7.3. The Product Manufacturer is responsible for warranty service and warranty exchange.
7.4. The Buyer agrees not to make the Site the defendant or co-defendant for any obligations and costs associated with damage caused to the Buyer as a result of the actions of third parties, including, but not limited to the Online Store and transport companies.
8. Obligations of the Buyer
8.1. The Buyer undertakes to independently familiarize himself with the text of this Agreement, check for changes to the Agreement and its annexes.
8.2. The buyer undertakes to timely provide the online store with all the necessary information to perform the required service and send the order. If the necessary information is missing, the online store reserves the right not to provide the service to the Buyer.
8.3. The buyer undertakes to pay invoices on time. The online store does not provide services to the Buyer if the funds provided by the Buyer are not enough to provide the Services.
8.4. Save documents confirming payment for the services of the online store.
9. Responsibilities of the online store
9.1. The online store undertakes to provide the Buyer with the Services and fulfill the requirements of the Buyers regarding the Services, if the Buyer's request does not contradict the rules and restrictions on the service set forth in this Agreement.
9.2. Maintain the confidentiality of information about the Buyer. Data about the Buyer can be provided only in cases provided for by the legislation of the Russian Federation.
9.3. Provide the Buyer with the opportunity to receive information about the status of his order.
10. Term of the Agreement, change of conditions and termination of the provision of services
10.1. The Agreement is valid from the moment it is accepted by the Buyer until the moment he receives the goods.
10.2. The online store has the right to terminate the provision of all Services if the Buyer violates this Agreement.
10.3. If the Buyer provides incorrect information about himself or the Online Store has serious reasons to believe that the information provided by the Buyer is incorrect, incomplete or inaccurate, the Online Store has the right to suspend or cancel the Buyer's order and refuse to use its Services, or their individual parts.
10.4. The online store has the right to terminate the provision of Services if the Buyer causes damage to the online store or third parties by indirectly violating the terms of this Agreement.
10.5. Upon termination of the Services, the Online Store is not responsible for notifying or not notifying any third parties about depriving the Buyer of access and for the possible consequences resulting from such a warning or its absence.
10.6. Continued use of the Services 10 days after notification of a change in the current terms of the Agreement will be considered as acceptance of the changes and additions made. In case of disagreement with the change in the terms of the contract, the Buyer must, within the specified period, send a written notice of his disagreement to the e-mail address specified at firstname.lastname@example.org
10.7. The online store is not responsible for notifying or not notifying any third parties of the termination of the Agreement and for the possible consequences resulting from such a warning or its absence.
10.8. The online store has the right to terminate the Agreement without observing the period provided for in clause 10.6, if the Buyer violates his obligations.
11. Dispute resolution
11.1. Claims of the Buyer are accepted in writing (or in the form of an e-mail) no later than 3 (three) business days from the date of the incident. Claims are considered within no more than 10 (ten) working days.
11.2. In the event of any disputes or disagreements related to the execution of the Agreement, the Parties will make every effort to resolve them through negotiations between the Parties. If disputes are not resolved through negotiations, disputes shall be resolved in the manner prescribed by the legislation of the state of the Russian Federation. In the event of unsettled claims between the parties, each of them may protect their violated rights in the manner prescribed by the Legislation of the Russian Federation.
11.3. In the event that any clause of this Agreement is not subject to literal execution, it shall be interpreted in accordance with the current legislation, taking into account the initial interests of the Parties, while the remainder of the Agreement continues to operate in full. The established practice of the behavior of the parties, or the practice of providing similar services, cannot be the reason for changing the provisions of this Agreement.
11.4. For all other issues not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
12. Special conditions, force majeure
12.1. The online store has the right to change or delete any information posted on the truckdv.ru website or on other resources owned by the online store without notifying the Buyers.
12.2. The Buyer has the right to demand that the Online Store solve problems in obtaining the Services, except in cases related to force majeure.
12.3. Relationships arising between the Online Store and the Buyer in connection with the subject of this Agreement and not regulated by this Agreement are drawn up in the form of protocols and / or additional agreements to this Agreement, which become its integral part, subject to a simple written form and signing them online. shop and buyer.
12.4. After the adoption of this Agreement, all previous agreements of the Parties that contradict this Agreement shall lose their legal force.
12.5. In everything that is not regulated by this Agreement, as well as protocols and / or additional agreements to it, the Parties are guided by the current legislation.
12.6. The Parties are released from liability for full or partial failure to fulfill their obligations under this Agreement, if such failure is the result of force majeure (“force majeure”), that is, extraordinary and unavoidable circumstances by the Parties under these conditions, including mass riots, prohibitive actions of the authorities , natural disasters, fires, catastrophes and other force majeure circumstances, as well as power outages, global outages in the operation of Russian and international segments of the Internet, failures of routing systems, failures in the distributed domain name system, failures caused by hacker and DOS attacks.
12.7. The parties are obliged to notify each other in writing or by e-mail (e-mail) of the existence of force majeure circumstances within 7 (seven) days after their occurrence. If the occurrence of the relevant force majeure circumstances directly affected the fulfillment by the Parties of their obligations within the time period established in this Agreement, this period is proportionally extended for the duration of the relevant circumstances. If it is impossible for the Parties to fulfill their obligations under this Agreement for more than 2 (two) months, the Parties have the right to terminate this Agreement without compensation for possible losses.