GENERAL TERMS AND CONDITIONS
The present document contains the General Terms and Conditions, according to which “Kaliman Caribe Yer” LLC provides services to its users through the online store with the following domain: www.lacasadelhabano.am (hereinafter the Website).
The conditions of the present document are binding for all Clients. Clients are notified and express their consent to the same before making the request to purchase goods from the Website.
The Seller/Supplier is “Kaliman Caribe Yer” LLC (company incorporated under the laws of the Republic of Armenia, registration number: 264.110.08806, Tax Identification Number (TIN): 00101272, address: Republic of Armenia, Yerevan, 17a Papazyan street., apt. 17) represented by Director Mr. Toder Dotchev
The electronic means of communication with the Seller is: order@lacasadelhabano.am
The phone number of the Seller is: +374 11 550 444
The Clients of the Website are legal entities or natural persons, registered on the website and/or using the Website for the purpose of the purchase of goods under the General Terms and Conditions offered in the e-shop.
Article 1. OFFERED GOODS AND SERVICES
1.1. The characteristics of the offered goods are indicated on the Website, on the presentation page for each of the product.
1.2. The prices of the goods which are subject to sale are indicated under each specific item on the Website. The price is final and is indicated in Armenian Drams (AMD) including all taxes and fees.
1.3. The Seller guarantees that offered goods meet all quality requirements provided under the law of the Republic of Armenia.
1.4. The costs related to the delivery (postage and transport costs) of the ordered goods are at the expense of the Seller, in accordance with the present Terms and Conditions.
1.5. The object of sale are goods offered on the Website at the time of the purchase request by the Client, which are marked as available, the button “ADD TO CART” is active and are allowed for supply and sale at a distance through the services of the electronic society.
Article 2. MODALITIES OF CONCLUSION OF CONTRACT
2.1. The Client and the Supplier enter into a contract for purchase and sale of the goods under these General Terms and Conditions, offered by the Website. These general terms and conditions are an integral part of any sales contract.
2.2.The contract is concluded in English and is stored for 1 year. Upon request from the Client, the Supplier provides him with information about the concluded contract by e-mail.
2.3. Pursuant to the contract of sale concluded with the Client, the Supplier is obliged to deliver and transfer the ownership to the Client the goods ordered by him through the interface of the Website.
2.4. The Client pays to the Supplier the price of the delivered goods in accordance with the conditions set out on the website of the Website and these General Terms and Conditions.
2.5. The Supplier delivers the goods ordered by the Client within the terms and conditions specified by the Supplier on the Website and these General Terms and Conditions.
2.6. The Client and the Supplier agree that all statements between them in connection with the conclusion and execution of the contract of sale may be made electronically and through electronic statements within the meaning Civil Code of the Republic of Armenia.
Article 3. THE CLEINT HAS THE RIGHT TO:
3.1. Review the goods, their characteristics, prices and delivery conditions.
3.2. Order goods from the Website under the present Terms and Conditions.
3.3. Receive the ordered goods at the delivery address indicated by him, within timeframes provided under these Terms and Conditions, after receiving the confirmation of order by the Seller.
3.4. To receive receipt for the purchase made by him in paper at the time of delivery or electronically generated receipt after making the payment for goods.
3.4. To receive information about the status of the order.
Article 4. THE CLIENT IS OBLIGED TO:
4.1. Use real identity
4.2. Provide true and accurate information about his/her name, surname, exact delivery address, contact telephone and e-mail address.
4.3. Maintain and timely update the information provided in order to keep it true.
4.4. Pay the price of the ordered goods, indicated in the information when generating and confirming the order.
4.5. To provide an opportunity for the goods to be received at the specified delivery address.
Article 5. THE SELLER HAS THE RIGHT TO:
5.1. Receive in due time all amounts due for the purchased goods.
5.2. At any time and without notice to make changes in the published materials, services and prices.
5.3. Receive from the Client, upon expressed consent of him/her, the following data: name (for individuals- name and surname, for legal entities and sole traders- name of the company), delivery address, telephone number and e-mail address, plus any additional information given by the Client in a free form.
5.4. Has the right to collect and use information about its customers in order to improve the quality of the goods and services offered and the satisfaction of consumer needs, as well as go study the satisfaction with the purchased goods and the quality of offered service.
5.5. At any time, without notifying the client, when the latter uses the Website in violation of these terms, as well as at the discretion of the Seller to terminate the user`s access to the site.
5.6. The Seller undertakes to transfer to the Client the right of ownership over the goods ordered by him.
5.7. To deliver to the Client the goods ordered by him in time under the terms of delivery published on this website and these General Terms and Conditions.
Article 6. PRICE AND METHODS OF PAYMENT
6.1. All prices of the goods in the shop of the Website are in AMD. The announced prices for the goods are final, valid for the day of the order and include VAT. The price of the goods does not include the delivery price.
6.2. The price of goods ordered from the online store can be paid by cash on delivery. Upon payment by cash on delivery, the Client shall pay the amount due to the courier who performed the delivery.
6.3. The term of the execution of the order starts from the day following the date of its sending.
6.4. The Seller may at any time and without notice makes changes in the published goods and prices.
6.5. The change in the price if the goods shall not affect the contracts, which have already been concluded.
6.6 Exact conditions about delivery - price, payment and terms are state on Delivery and payment section.
Article 7. DELIVERY
7.1. The goods ordered from the electronic catalog are delivered by courier to the address specified in the order.
7.2. When ordering a lighter from the Website, it can be delivered without butane content in it. The goods ordered from the electronic catalog are delivered by courier to the address specified in the order.
7.3. The price of the goods does not include the amount for delivery.
7.4. The customer agrees that when ordering more than one item he can receive his order in separate shipments, without aggravating the price for delivery.
7.5. The price for delivery services in Armenia is in AMD.
7.6. The Supplier has the right to deliver the goods to the address indicated for delivery to the Client or to a third adult, who accepts and confirms its receipt on behalf of the Client and signs the accompanying documents.
7.7. The service for delivery of the consignments may require the provision of an identity card by the Client for the purpose of comparing the data. The courier must refuse to provide a shipment to persons under 18 years of age if it contains alcoholic beverages and tobacco products.
7.8. If the Client does not provide conditions for acceptance of the goods or is not found at the address specified by him within the above period, the courier makes a maximum of 2 attempts to find him/her by phone and at the specified address, and if it does not find the Client or his/her representative again, the Supplier is released from its obligation to deliver the ordered goods and the contract is terminated.
7.9. Deliveries are not made on weekends and public holidays.
7.10. Upon receipt of the goods, the Client is also provided with the following documents: if such is requested - original invoice with VAT included (if expressed wish by the Client); receipt; handover protocol; bill of lading.
7.11. In case of non-compliance of the ordered goods with the received goods, in case there is damaged packaging, a report is drawn up at the delivery in the presence of the courier and the irregularities are described. In case there is no damaged packaging, the Client decides whether to accept the goods or refuse it (the rules for refused consignment apply).
7.12. The Client must inspect the goods at the time of delivery and its providing and if the goods do not meet the requirements, to notify the Supplier immediately.
7.13. If the Client does not notify the Supplier according to par. 1, the goods are considered approved as meeting the requirements, except for hidden defects.
7.14. In case of exercising the right of withdrawal from the supply contract under para. 1, the costs of returning the goods shall be borne by the Client. When returning a lighter product, it should be sent empty of butane.
Article 8. TERMINATION OF THE CONTRACT
8.1. The contract is terminated in the following cases:
- with its implementation;
- by mutual consent of the parties, expressed in writing;
- in case of objective impossibility of any of the parties to the contract to fulfill its obligations under it;
- in other cases provided by law.
9. ORDER CANCELATION AND CLAIMS
9.1. In case the Client wishes to refuse an order already placed, some of the products in it or to replace one ordered product with another, he/she must call by phone as soon as possible (no later than 6 hours after the order has been placed), notify “Kaliman Caribe Yer” LLC. It is necessary the Client to announce the number of his/her order for which he wants a correction and to indicate precisely and clearly the change.
9.2. The Client has the right to claim in case of any discrepancy of the goods with the agreed.
9.2.1. Upon filing a claim for goods, the Client may claim a refund of the amount paid, replacement of the goods with another, corresponding to the agreed, a deduction from the price or for free adjustments/repairs.
9.2.2. The Client has the right to claims if the defects are not due to his/her illegal behavior and if there are no damages to the goods caused by its improper use.
9.2.3. When filing a claim, the Client must enclose the documents on which the claim is based: receipt or invoice; protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed; other documents establishing the claim on the grounds and amount.
9.2.4. The transport costs for sending goods to the Client due to a respected claim shall be borne by Seller.
9.3. Dispute resolution
9.3.1. All disputes between the Seller and the Client shall be settled through negotiations. If dispute arises and settlement cannot be reached, the Client has the right to refer all disputes with the Supplier regarding the implementation of a contract to the courts of the Republic of Armenia.
Article 10. RESPONSIBILITY
10.1. The Supplier is not responsible in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
10.2. The Supplier is not liable for property or non-property damages, expressed in lost profits or damages caused to the Claims in the process of using or not using the Website and concluding sales contracts with the Supplier, unless he/she acted in intent or gross negligence.
10.3. The Supplier is not responsible for the time during which the Website is not available due to force majeure.
10.4. The Supplier is not responsible if the Client has not read these General Terms and Conditions.
10.5. The Client understands and accepts the fact that Seller only provides services and is not responsible for any disturbances or technical problems hindering the use of the services due to the operation of computer equipment and the Internet.
10.6. “Kaliman Caribe Yer” LLC is not responsible for incorrect information provided by the manufacturer about the characteristics of the goods offered on the site.
10.7. The Website may contain links to third party sites. The Seller is not responsible for the content, rules for protection of personal information and security of such sites. The link to a foreign site does not imply that “Kaliman Caribe Yer” LLC. approves the site and the information in it or the products and services to which it refers.
Article 11. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
11.1. The Seller reserves the right to unilaterally change at any time the Website as well as these General Terms and conditions.
11.2. It is the Client's obligation to get acquainted with the current terms of use of the site, specified in these General Terms and Conditions.
11.3. The changes in the General Terms and Conditions do not affect the relations between the Client and the Seller which have arisen in connection with contracts validly concluded before the changes of the General Terms and Conditions.
Article 12. OTHER CONDITIONS
12.1. The content of this website and the technologies used in it are protected by the Copyright and Related Rights Act. All texts, graphics and video materials published on the site are the property of the Seller, unless otherwise stated. The use of any materials published on the site is strictly prohibited. Violators will be sanctioned with the full force of the law.
12.2. The Client and the Supplier are obliged to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which come to their knowledge in the process of performance of the contract and these General Terms and Conditions.
12.3. In case of conflict between these General Terms and Conditions and stipulations in a special contract between the Supplier and the Client, the provisions of the special contract shall prevail.
12.4. The possible invalidity of any of the provisions of these General Terms and Conditions will not lead to the invalidity of the entire contract.
12.5. These General Terms and Conditions comply with the laws of the Republic of Armenia and Armenian law shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
12.6. These General Terms and Conditions shall enter into force for all on 11 November 2022.
Article 13. Returns
In accordance with the requirement of the law of the Republic of Armenia on Trade and Services, the customer shall be made aware of the conditions under which the goods may be returned or replaced (Article 15.1. (c) of the law on Trade and Services. In accordance with the Civil Law of the Republic of Armenia, as well as the Law of the Republic of Armenia on the protection of Consumer rights, the buyer may resort to 3 types of actions, which can be undertaken in cases where non-conforming goods have been delivered:
1. Request to return amount paid for the goods and return the goods.
2. Request replacement of non-conforming good with the conforming one. The seller shall replace non-conforming goods with conforming ones within 7 days calculating from the date of receiving such request.
3. Replacement of defects of the goods. Replacement of the defects of the goods shall be implemented within 20 days from the date of receiving such request from the customer.
At all times, the consumer shall provide the standard receipt, which will serve as a confirmation that the goods have been purchased from La casa del Habano.am.
