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Shipping & Returns

1. Delivery Methods & Terms

1.1. "Delivered at Point, DAP" - the Supplier undertakes to deliver the Goods to the warehouse of the Buyer or another person specified by the Buyer - the consignee, and the Buyer (a person specified by the Buyer) undertakes to accept the Goods, in this case:
1.2. The title to the Goods, as well as the risk of loss or damage to the Goods, shall be transferred from the Supplier to the Buyer from the moment the Goods are received by the Buyer or the consignee and the signing of the consignment note, consignment note/bill of lading/international bill of lading (or another similar document).
1.3. The obligation to unload the vehicle is imposed on the Buyer, unless otherwise provided by the Appendix to the Contract. The period of stay of the Supplier's vehicle (or a third party engaged by the Supplier) at the Buyer's warehouse or other loading point shall not exceed 3 (Three) hours. The specified period shall be calculated from the date of arrival of the Supplier's vehicle (or a third party engaged by the Supplier) at the Buyer's warehouse or other loading point until the date of departure of the vehicle from the Buyer's warehouse or other loading point, which shall be noted in the waybill (or in another similar document).
1.4 The Buyer shall pay the Supplier a penalty in the amount of the penalties presented by the Supplier's counterparties to the Supplier for the demurrage of the Buyer's (consignee's) vehicle during unloading due to circumstances for which the Buyer is responsible.
1.5 All costs of import customs clearance of the Goods, payment of duties, fees, taxes, including, but not limited to, VAT, shall be borne by the Buyer and paid by him independently.
1.6 "Delivered Duty Paid" (DDP) - the Supplier undertakes to deliver the Goods to the warehouse of the Buyer or another person specified by the Buyer - the consignee, and the Buyer (a person specified by the Buyer) undertakes to accept the Goods, while all costs of import customs clearance of the Goods, payment of duties, fees, taxes, including, but not limited to, VAT are paid by the Supplier at the expense of the Buyer. These costs are included in the price of the Goods or compensated by the Buyer separately on the basis of the invoice issued.
2.Pickup

2.1. The Goods shall be delivered by road, sea and other modes of transport of the Buyer (carrier, consignee) by selecting the Goods from the warehouse of the Supplier or another person specified by him.
2.2. Not later than 3 (Three) business days prior to the expected date of sampling, the Buyer shall submit an Application to the Supplier.
2.3. In case of loss of the Goods from the vehicle during loading, due to a technical malfunction or unsuitability of the vehicle, the Buyer shall bear all related risks. In this case, the quantity of loaded and lost Goods shall not be excluded from the invoice and shall be paid by the Buyer in the manner provided by the terms of this Contract and the relevant Appendices.
2.4. In case of damage by the Buyer's representatives (drivers) of the equipment at the loading points, the Buyer shall reimburse the Supplier for losses in the form of the cost of the damaged equipment and works on its restoration. The cost of equipment and works on its restoration shall be determined on the basis of calculations submitted by the consignor and (or) the Supplier and other supporting documents. When the goods are shipped by the Buyer's vehicles, its consignee and/or a person engaged by it for the transportation of the goods, these persons shall comply with the requirements of the access and intra-facility regimes in force on the territory of the Consignor. Upon entering the said territory, it is presumed that the employee of the Buyer, its consignee and (or) the person engaged by him has familiarized himself with the specified mandatory requirements and rules, and in addition, has expressed his consent to comply with them.
2.5. The Buyer ensures compliance with the current legislation in the field of cargo transportation and is independently responsible in case of violation of rules and regulations.
2.6. The Buyer undertakes to ensure compliance with the rules and regulations for the carriage of goods, including the requirements for the permissible weight of the vehicle and (or) the permissible load on the axle of the vehicle, established by the requirements of the legislation and to ensure the supply of the relevant vehicle, when loading into which the quantity of the Goods previously agreed by the parties in the application and specified in the power of attorney for receipt does not exceed the maximum the permissible weight of the vehicle and (or) the permissible axle load of the vehicle, or the weight of the vehicle and (or) the axle load of the vehicle specified in the special permit, or the permissible dimensions of the vehicle, or the dimensions specified in the special permit for the transportation of oversized and (or) heavy cargo. The Buyer is fully responsible to the Supplier for the actions of the recipient when accepting the Goods. The Buyer shall be liable and shall fully reimburse the Supplier and third parties for property losses, losses associated with violation of the requirements when accepting the Goods. In the event that the Supplier is held liable due to violation of the rules and regulations in the field of transportation by the Buyer, the Buyer shall reimburse all documented expenses of the Supplier within 5 (five) business days from the date of the Supplier's claim.

3.Delivery on the terms "Delivery by road, sea and other modes of transport"

3.1. The Supplier shall:
  • Transfer the Goods to the Buyer within the agreed time, and delivery is possible at a time of the entire volume of the Goods supply, and in batches. Upon delivery of the Goods, the Supplier shall hand over the Goods to the Buyer according to the quantity specified in the consignment notes.
  • Simultaneously with the transfer of the Goods, the Supplier shall hand over to the Buyer (consignee) the documents related to the Goods provided by the law, other legal acts or the Contract. The specific list of documents shall be agreed upon by the Parties in the Annexes.

Inspection & Acceptance

4.1. Upon receipt of the Goods from the carrier or from the Supplier (in case of self-pickup), the Buyer (consignee) shall check the compliance of the Goods with the data specified in the Transport Document by the number of packages, for compliance with the assortment, as well as for the presence/absence of external damage to the packaging of the Goods. The quantity of the Goods received upon acceptance shall be determined in the same units of measurement that are specified in the accompanying documents. If the number of packaging units corresponds to the data specified in the Transport Documents, as well as the absence of external damage to the packaging of the Goods, the Buyer shall sign the Transport Documents. In all cases when, upon acceptance of the cargo from the carrier, damage or deterioration of the cargo is established, discrepancy between the name and weight of the cargo or the number of packaged units with the data specified in the transport document, as well as in all other cases when it is provided by the rules in force in transport, the Buyer is obliged to require the carrier/driver to draw up a commercial act (a note on the consignment note or drawing up an act - when delivering the cargo by road, by sea and other modes of transport).
4.2. The Buyer is notified of the possible deviation of the print in color and joining. Due to the technological features of the production of textile products, it is allowed to deviate the actual print (pattern, color, joining) on the surface of the furniture from the visualizations presented to the Buyer, up to 15% (fifteen percent) in color and up to 15% (fifteen percent) in the accuracy of the alignment of the elements of the pattern.
4.3. Acceptance of the Goods in terms of quantity, quality, assortment and completeness shall be carried out by the Buyer in accordance with the data specified in the Transport Documents for the received Goods.
4.4. Acceptance for compliance of the Goods in terms of the number of packages, as well as for the presence/absence of external damage to the packaging of the Goods shall be carried out by the Buyer within the following periods:
  • on the terms of self-pickup of the goods – on the day of transfer of the goods by the Buyer (consignee) from the Supplier to the consignor.
  • on the terms of delivery of the Goods to the Buyer's (consignee's) warehouse - on the day of arrival and transfer of the Goods to the Buyer (consignee) from the carrier.
4.5. In case of delivery of the Goods on the terms of delivery by road, sea and other modes of transport, the acceptance of the Goods for compliance with quality (including for hidden defects) shall be carried out by the Buyer within 10 (ten) calendar days from the date of the Supplier's performance of the obligation to transfer the Goods.

Return & Claims Procedure

5.2. In case of detection during the period specified in 6.2.1. and clause 6.2.2. of the Contract, goods of inadequate quality and/or shortage, the Buyer shall notify the Supplier within 2 (two) business days from the date of detection of defective or missing Goods, attaching recordings of photo and video recording of the identified defects.
5.3. A claim for non-compliance in the quantity/quality of the Goods with the attachment of documents confirming these circumstances shall be sent by the Buyer to the Supplier within 5 (five) business days from the date of detection and fixation of the non-conformity of the Goods.
5.4. In case of disagreement of the Supplier with the results of the examination of the Goods by the Buyer, the Parties shall conduct a final analysis of the quality of the Goods in an accredited laboratory mutually agreed upon by the Parties. The Parties undertake to agree on the place of the final analysis within 10 (ten) calendar days from the date of the Supplier's request for the final analysis. The results of this analysis will be binding on both Parties and the quality of the Goods will be considered to be consistent with the final analysis.
5.5. In case the Supplier acknowledges non-compliance of the Goods in quality and/or completeness with the requirements of this Contract, the Buyer shall pay for the actually accepted quantity of the Goods, the quality and/or completeness of which at the time of receipt corresponds to the Contract.
5.6. Replacement of the Goods of inadequate quality with Goods of proper quality or elimination of defects of the Goods and/or additional delivery of the Goods shall be made by the Supplier on the basis of a claim recognized by the Supplier and (if any) an act of an independent accredited expert, within 30 (thirty) calendar days from the date of recognition of the claim by the Supplier (date of the act of an independent expert), and at the expense of the Supplier.
5.7. The Buyer has the right to demand reimbursement of the cost of defective Goods paid by him to the Supplier. In this case, the Supplier shall, within thirty (30) calendar days from the date of recognition of the claim (the date of drawing up the act of an independent accredited expert), on its own or with the involvement of third parties and at its own expense, remove the above Goods from the Buyer's (consignee's) warehouse and return to him the money paid for such Goods.
5.8. In case of non-compliance by the Buyer with the terms of acceptance of the Goods specified in clause 6.2.1. and clause 6.2.2. of the Contract, the terms for detecting and fixing the defects of the Goods specified in clause 6.5. of the Contract, the terms for filing a claim specified in clause 6.5.2. of the Contract, the Buyer loses the right to file a claim against the Supplier. A claim received by the Supplier in violation of the terms specified in this clause by the Supplier shall not be subject to consideration by the Supplier.

Refunds & Advance Payments

6.1. Unspent advance payment for transactions under which delivery has been completed, as well as funds to be returned to the Buyer under the Contract, shall be refunded within 5 (Five) business days from the date of receipt by the Supplier of the relevant request of the Buyer, provided by the following conditions are met: there are no debts of the Buyer to the Supplier for the Supplier's claims and other types of settlements, the Buyer has provided original copies of documents to the Supplier, duly executed, the Buyer's written request is drawn up in the original on a letterhead, signed by the manager and certified by a seal (if any) indicating payment details. The return by the Supplier of the unspent advance payment to the Buyer shall also be an agreement of the Parties to amend this Contract in relation to the quantity of the Goods for which the advance payment is refunded.
6.2. Until the Supplier receives the original request for a refund and fulfills the above requirements, the amounts excessively transferred by the Buyer and the funds to be returned to the Buyer in accordance with the terms of the Contract shall be credited by the Supplier to pay for future deliveries of the Goods and costs associated with delivery.
6.3. The Supplier shall have the right to unilaterally direct the existing advance payments of the Buyer to repay the debt for payment for the previously delivered Goods, as well as transportation costs, including to apply the provisions of the legislation on set-off of counterclaims of the same kind.

Unaccepted Deliveries

7.1. In case of unjustified refusal or evasion of the Buyer's delivery / acceptance of the Goods agreed by the Parties for delivery in whole or in part by committing illegal actions/inactions, including, but not limited to, committed in writing, or failure to fulfill the obligation to receive the Goods for a period of more than 30 (thirty) days, the Buyer shall pay the Supplier a penalty in the amount of 20% (twenty percent) of the value of the Goods, the delivery of which the Buyer refused/evaded. The Supplier shall be entitled to withhold the amount of the penalty from the funds received by the Supplier as payment for the Goods and/or transportation costs.
7.2. In case of delay in advance payment for the Goods by the Buyer in the full amount provided by the Appendix for more than 10 (Ten) days from the agreed period, the Supplier shall have the right to unilaterally and extrajudicially refuse to supply the Goods under the relevant Appendix without paying a penalty for non-delivery/underdelivery and without compensation for losses to the Buyer, as well as to unilaterally terminate the relevant Appendix out of court without compensation for damages, for which there is a delay in payment, and/or the Contract. The obligations of the parties shall be terminated from the moment the Supplier sends the relevant notice to the Buyer, except for obligations on mutual settlements.
7.3. In case of non-fulfillment or improper fulfillment of obligations under the Contract, the Parties shall reimburse each other for the losses caused by this, in the part not covered by the penalty, in accordance with the current legislation of the Russian Federation.

Documentation

When signing this Contract, the Buyer shall provide the Supplier with duly certified copies of the Articles of Association, certificates of registration and tax registration, a copy of the bank card with a sample signature of the director, documents confirming the authority of the person signing the Contract, provide his postal, payment details, statistical codes, legal address, name and other data necessary for the correct execution of the Contract and the subsequent invoicing by the Supplier to the Buyer.
In case of delivery of the Goods on the condition of payment upon delivery, the Buyer shall additionally provide the Supplier with duly certified copies of the balance sheets with the attachment of the profit and loss statement for the last two accounting periods; certificates of registration of rights to real estate, as well as other documents requested by the Supplier.
In case of changes in the above information, the Buyer shall notify the Supplier in writing within 3 (three) days and submit certified copies of decisions (approvals) on the state registration of these changes.
In the event of a change in the bank details of the Parties under the Contract, the Party whose bank details have changed shall be obliged to send to the other Party a corresponding notice signed by an authorized person, chief accountant and sealed. From the moment of receipt of such a notification, new bank details shall be accepted for the execution of this Contract. In this case, it is not necessary to amend this Contract by drawing up a bilateral document. In the event of a change in the postal address, the Parties shall send a corresponding notification signed by an authorized person.