Terms & Conditions

These Website Terms and Conditions of Use and Rules for Online Sales (hereinafter the "Terms and Conditions") are designed to regulate the relationships between Philipp Plein Rus, Limited Liability Company (hereinafter referred to as "FP Rus", the "Seller", or "We"), a Russia-based company registered at: 4th Lesnoy per., bld. 13, premise I, office 10, Moscow, 125196, Russia, 109012 (Primary National Registration Number/OGRN: 1177746896227, TIN: 9710033712 RRC/KPP: 771001001) and youas a buyer (hereinafter referred to as "You" or the "Buyer") with regards to all issues related to the use of the Website and entering into a retail purchase agreement(s) for purchasing products through the online shop.
Pursuant to Art.435 and Paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, these Terms and Conditions together with the Product descriptions on the Website shall be the Seller’s public offer to the Buyers to buy the Products through the online shop.
Please read the contents of these Terms and Conditions and the Privacy Policy carefully before using the Website. If, for any reason, you do not agree with any provision thereof, you will unfortunately not be able to place Orders for buying the Products and use some other services offered through the online shop.
Please, make sure that you have read the current versions of the Terms and Conditions and Privacy Policy when using the Website. FP Rus may at any time, at its discretion, amend and/or modify these Terms and Conditions and the Privacy Policy and other policies or rules adopted by the Seller. The new version of the Terms and Conditions and the Privacy Policy (as well as any other policy or document) shall come into effect upon publication on the Website. We will notify you of such changes next time you use the Website and request your agreement thereto. In any case, such changes shall not affect the Orders, which have been already acknowledged by the Seller.
You shall be deemed to have accepted the Terms and Conditions from the time you give your consent by ticking a special area on the Website (a tick box) or upon your registration on the Website and creation of an Account, or upon placement of an Order without registration. If you have confirmed your consent in the manner specified above, you shall be deemed to have read and accepted the contents of these Terms and the Privacy Policy. FP Rus shall be exempt from any liability to you if, despite the opportunity given, you fail to read, have read a part of or you are not sure that you correctly understand the contents of these Terms and Conditions and the Privacy Policy.

1 Definitions

(A) Website shall mean a site on the Internet accessible at www.plein.com and administered by the Seller or other person authorized by the Seller for the purposes of the online shop operation.

(B) Sale and Purchase Agreement (SPA) shall mean these Terms and Conditions, the Privacy Policy, the Product descriptions on the Catalogs, Order Acknowledgement as well as other terms, agreements, policies, notices, which are from time to time published or amended by the Seller and which are applicable to retail sale transactions through the online shop (a retail remote purchase agreement).

(C) Purchase Order, or Order shall mean an information message placed on the online shop which is used by the Buyer to express its intention to purchase a certain Product in quantity, at the price and on terms set forth therein.

(D) Consumer Protection Law shall mean Law of the Russian Federation No. 2300-1 dated February 7, 1992 On Protection of Consumer Rights and any other law or regulations adopted pursuant to this Law in the wording in force at the time of the Order placement.

(E) Online shop shall mean the Seller's trade body located on the Website and intended to provide the Buyer with information about the Products as required for purchases thereof by entering into SPA (including information on the assortment of the Products offered for sale through the online shop; prices; methods and terms of payment for and delivery of the Products).

(F) Online Product Catalog, or Catalog shall mean the description of all the Products, gift certificates, and, if applicable, services available for purchase through the online shop. The Products displayed on the Catalog are subject to changes, replacement or eventual recalls at any time at the discretion of the Seller.

(G) Courier or Courier Service shall mean either an individual or a legal entity engaged by the Seller for the purpose of delivering the Products to Buyers.

(H) Order Acknowledgement shall mean an information message generated by the online shop or otherwise communicated to the Buyer (by phone) used by the Seller to express its consent to sell a Product to the Buyer in accordance with the terms and conditions of the Order placed. It shall indicate the number of the Order and the Buyer can use it to obtain information about the Product and the Order status.

(I) Buyer shall mean a consumer within the meaning of the Consumer Protection Law, who has registered an Account or uses the Website without registration and who has placed or intends to place an Order for buying Products through the online shop. The Buyer may only be an individual who has reached the age that is adequate to enter into SPA as required by the laws of the Russian Federation or a duly authorized representative of the individual who buys the Products solely for personal, family, household and other needs that are not associated with business activities (for consumer purposes).

(J) Personal data shall mean any information relating directly or indirectly to the Buyer (full name, contact details, etc.).

(K) Parties shall mean the Seller and the Buyer.

(L) Products or a Product shall mean footwear, clothing, accessories and other consumer goods that display the trademark(s) belonging to FP Rus or to any company of Cream della Cream GmbH Group and offered for sale through the online shop.

(M) Buyer’s Account, or Account shall mean a personal section of the Buyer on the Website where the Buyer may receive information on the history of their Orders and place a new Order using their account details, including login, email address and password.

2 Order Placement and SPA Execution Procedures

2.1 Order Placement

You shall be only entitled to use the Website and place Orders on the online shop if you are a consumer within the meaning of the Consumer Protection Law and use the Website or place your Order solely for personal, family, household and other needs that are not associated with business activities.
The online shop is available for placing Orders around the clock (24/7). However, the Seller shall be entitled to close and/or restrict access to the online shop at any time at its discretion and for any reasons, including periods of routine maintenance or due to technical failures.
You shall be entitled to place a Purchase Order on the online shop by selecting a Product on the Catalog and clicking the ADD TO CART button and further confirming your choice by clicking the OK button. You will also need to complete the Order form and specify, inter alia, your delivery details and payment option to place your Order.
The Buyer may also place an Order through the Buyer's Account on the Website. In order to create an Account, the Buyer shall complete the registration form on the Website by entering the following information: name, surname, email address and password for the Buyer's access to the Account. You need not create an Account to be able to place an Order.
You shall be liable for the accuracy, correctness and reliability of the information provided upon creation of the Account and for timely clarification and/or modification thereof. FP Rus shall not be liable for any damage incurred by you and/or any third parties due to inaccuracy, unreliability, incompleteness and irrelevance of the data indicated on the Website.
You shall be liable for your actions and actions of any third parties taken in the use of the Website. You shall not transfer your Account credentials to any third parties. If your Account credentials have been lost, you shall notify FP Rus immediately, but not later than within 24 hours after the loss.
You shall be liable for transferring your Account credentials to any third parties. If the Website is used by a third party using your Account credentials, the Website shall be deemed to be used by the Buyer. FP Rus shall not be liable for unauthorized third party access to your Account, except as provided by law.
Buyers may place Orders to buy the Products in the amount normal for retail sales. FP Rus shall be entitled, to the extent permitted by the applicable laws, to set, change and cancel the minimum and maximum price values for the same Order and the maximum number of items on the same Order, at its own discretion.
By placing an Order on the online shop, you agree to buy the Products at the price, in quantity, assortment and in accordance with other terms indicated on the Order.
Once you have press the PLACE ORDER button and/or once you have got the receipt and/or the message saying that your Order is placed is displayed on your screen, you shall be liable with respect to this Order in accordance with the laws of the Russian Federation and these Terms and Conditions. Please note that receipts and/or other messages sent shall be an automated confirmation that your Order is received. However, this message shall not mean that your Order has been acknowledged and we reserve the right to reject or cancel your Order in accordance with these Terms and Conditions.
Once the Order is received, the Seller shall acknowledge it by sending the Order Acknowledgement to the Buyer to the email address specified by the Buyer when completing the Order or by contacting the Buyer by the telephone number indicated.
We may reject or cancel your Order either in full or in part in the cases listed below, without any liability arisen for FP Rus for any damage or costs incurred by the Buyer. We will notify you in advance of the rejection or cancellation of your Order by email or by contact phone number, make efforts to handle the issue and refund any payments made to us:

(A) Your Order cannot be delivered;

(B) Your information, including payment details, is incorrect or cannot be validated;

(C) Your Order may have been placed for fraudulent purposes or in connection with a criminal offense or any other unlawful activity;

(D) An unintentional error has occurred in the online shop operation, e.g., a payment error, etc.

If you made a mistake while completing the Order, please amend the information required through your Account or contact our Customer Service team who will be happy to assist you. In any case, please double check your Order before it is placed.
You may also place an Order by contacting us by phone. In this case, the Order shall be paid upon delivery to the Buyer.

2.2 SPA Execution

SPA shall be executed at the time the Buyer is placing their Order by pressing the PLACE ORDER button. SPA shall be executed in accordance with the versions of the Terms and Conditions and the Privacy Policy in place posted on the Website at the time of the Order.
Every SPA in place between the Seller and the Buyer shall be stored on the database of the online shop in the manner set forth by the applicable laws.
Prior or upon the Order Acknowledgement, but before the Order is moved over for delivery, the Seller shall be exempted from liability for failure to fulfill the Order, in full or in part, in the even of any force majeure circumstances (including product non-availability, delivery impeded due to weather conditions, payment non-confirmation, etc.). The Seller shall promptly notify the Buyer of such circumstances by email or by telephone, and the Buyer shall be entitled to cancel the SPA or change the date and time of delivery. If the Buyer fails to respond within 24 hours from the notice, the Seller shall be entitled to cancel the Order.

3 Prices and Taxes

All prices for the Products, delivery costs and costs of other services shall be indicated in RUB and include all applicable taxes.
Prices for the Products shall not cover delivery costs. Delivery costs shall be added per each new Order. We will always inform you about the total amount of your Order, including all taxes and other costs, such as costs of services and potential delivery costs, at the time you are placing your Order.
The prices indicated on the Website shall be the prices for the Products that are valid at the time you are placing your Order. Prices are subject to changes without notice to the Buyer and the Buyer shall be deemed to be duly aware of such changes from the date of their publication on the Website. However, the relevant changes shall not affect the Orders, which have been already acknowledged by the Seller.
We shall accept payment for the Products in RUB, only.

4 Payment Methods

You may choose to pay for the Products either at the time you are placing your Order or upon delivery.
FP Rus offers to Buyers the following payment methods:

(A) By payment cards, including MasterCard; VISA; and MIR credit cards; or

(B) By cash.

The Buyer shall pay all money transfer and bank fees, except for those associated with purchasing the Products through the online shop.
FP Rus exploits the secure data encryption system using the Secure Socket Layer (SSL) protocol. This encoding method protects your payment card details against any interception and manipulation during transmission. Therefore, unauthorized access to these details during transmission on the Internet is precluded.
Please note that we do not accept payments for the Products made using a method other than the above. If you attempt to pay for your purchase using a method other than the above, we shall not be liable for any loss of money or any other damages caused by your actions.

5 Delivery of Goods

Dear Customers, we would like to inform you that due to current political situation some logistic services were suspended. We are doing our best to deliver your orders, but please expect delays.

UPS

- All international services to Russia have been suspended as of 25 February.

- We are closely monitoring the situation and we will re-establish normal service when it is safe and practical to do so.

FP Rus may involve third parties, including Courier services, to deliver the Products to the Buyers.
When you are placing an Order, you will be informed on the delivery methods and dates available and you will be required to select the option most convenient for you.
The Products will be delivered to the address you have indicated on the Order. You shall be solely liable for the accuracy and completeness of the details specified on the Order. Please keep in mind that certain shipping addresses may be unavailable upon ordering. We will do our best to inform you as soon as possible after completing the Order that delivery to a certain address is unavailable.
If the delivery is impossible due to the fault of the Buyer or due to circumstances depending on the Buyer, the Seller shall be released from liability to the Buyer for late delivery.
The Buyer is aware of and agrees that in certain cases the delivery time may be changed by the Seller due to circumstances that could not have been previously known to the Seller. In such a case, the Seller shall immediately notify the Buyer of these circumstances and agree on delivery dates other than those specified on the Order. In this event, the Seller shall not be liable for any late delivery.
Without prejudice to your legal rights and remedies provided for by the applicable laws, you shall be responsible for double checking the Products you have ordered in terms of their quality, quantity and assortment upon delivery and you are required to inform the Seller about any complaints you have in this respect by contacting the Customer Service.
In respect to Products of inadequate quality, you shall have the rights granted by the Consumer Rights Protection Act.
At the time of delivery, the Courier may ask you to present an ID document or to provide your ID details in writing or otherwise as available in accordance with the applicable laws of the Russian Federation.

6 Replacement and/or Return Regulations

If for any reason you are not satisfied with the Products of the proper quality you have bought through the online shop, you may return the same within 14 (fourteen) calendar days upon delivery without any reasons given. However, you may not reject the Products that have individually attributable features or that are custom made.
The Products to be returned must be in excellent condition and in undamaged original packaging, with the presentation preserved, which, inter alia, means the integrity of seals, labels and tags on the Products unchanged. The Products must not be used.
The Products of good quality may not be replaced. However, you may return them hereunder and place a new Order for the same or for a different Product.
You have the right to raise claims for the Products of inadequate quality within the time limits provided for by the applicable Consumer Protection Law.
In order to return the proper Products and/or to have a replacement or to return the Products of inadequate quality, please contact our Customer Service by email at: russia@philipp-plein.com or by phone: +7 495 252 10 11 and follow the instructions to be given. You will be required to complete a return form and submit the following documents:

(A) A sales receipt or other document supporting your payment, and

(B) an Identity document.

The Products to be returned should be sent to: 4th Lesnoy per., bld. 13, premise I, office 10, Moscow, 125196, Russia.
In the event of any Product returned, all delivery costs shall be borne by the Seller.
If the Products are returned within 10 days from the date on which the Seller received the relevant written request from the Buyer and from delivery of the Products to be returned, the Seller shall:

(A) refund to the Buyer the cost of the Products paid by the Buyer, in full; or

(B) at the request of the Buyer, provide a certificate equivalent to the value of the Products returned.

Please note that in the event of refund to your bank account, the time when the payment made appears on your account depends on your bank.
Should you have any questions regarding the return or replacement of the Products, please contact our Customer Service by phone: +7495 252-10-11 or by email at: russia@philipp-plein.com. The Customer Service is available daily from 10.00 am until 10.00 pm (MOW).

7 Attention

The Product descriptions are offered on the Website as digitized photographs of real products. Some Products may appear larger or smaller than their actual size is due to the screen settings and the way they are photographed, while others may be presented with their actual dimensions substantially greater in order to be able to clearly display their details, or less than their actual size is in order to display every inch of the Products. Similarly, the colors of the Product images on the online shop may be slightly different due to the resolution of your monitor and may differ from the real colors. Minor differences between images and the real appearance of the Products shall not be defects of the Products ordered.
Please note that the Products displayed on the Website may be unavailable when you visit the Website and that prices are subject to changes.

8 Retention of Title

Title to the Products as well as the risks of accidental loss and accidental damage shall pass to the Buyer at the date of transfer/delivery of the Products to the Buyer or a person authorized thereby in accordance to the common rule. The Products sold through the online shop with the term of payment upon delivery shall remain the ownership of FP Rus until they are paid for by the Buyer or by a person authorized thereby in full.

9 Warranty

The Seller shall be liable to the Buyer for the quality of the Products bought in accordance with the rules of the applicable laws.
The Seller’s liabilities for the quality of the Products shall not apply to the Products’ natural wear and tear; pilling appeared on the surface of fabrics; fabric fading or loss of color; cuts; breaks and scrapes, and defects caused by improper use of the Products. Losses that are not provided for by law, including those caused by improper use of the Products, shall not be indemnified.
In the event of any dispute over the causes of any defects in the Products, the Seller shall conduct an independent examination of the Products at its own expense and within the time limits stipulated by the applicable laws.

10 Intellectual and Industrial Property

Rights to intellectual and industrial property in respect of works, trademarks, logos and other objects of legal protection placed on the Website shall belong to the Seller or to third parties who authorized the use thereof on the Website, respectively. Unauthorized reproduction, dissemination, modification of such works, trademarks, logos, etc. shall be infringement of rights to intellectual and industrial property of the Seller as the right owner and may result in legal actions necessary for restoration of the right infringed.
Similarly, information to which the Buyer accesses through the Website may be protected by intellectual or industrial property rights or by any other rights. The Seller shall not be liable for any infringement of these rights by the Buyer.

11 Personal Data Protection

We process Personal Data of the Buyers in accordance with the applicable laws of the Russian Federation, inter alia, with the requirements of Federal Law No. 152-FZ On Personal Data dated July 27, 2007, Decree of the Russian Government No. 1119 On Approval of the Requirements for Protection of Personal Data When Processing the Same via Personal Data Information Systems dated November 1, 2012 et al.
For more details about the procedure for, objectives, methods and conditions of processing Personal Data, please refer to the FP Rus Privacy Policy.

12 Applicable Law and Dispute Resolution

The relations between the Seller and the Buyer shall be governed by the applicable laws of the Russian Federation. Any disputes shall be referred at the choice of the Buyer to:

(A) competent court at the place of registration of the Buyer;

(B) competent court at the place of registration of the Seller;

(C) competent court at the place of SPA execution or performance.

The Seller shall be entitled to prosecute in court any violation hereof and any other improper use of the Website by taking appropriate legal actions in the civil or criminal proceedings.

13 Validity of These Terms and Conditions

Invalidity of one or more provisions hereof shall not affect the validity of the remaining provisions.

14 Assignment and Transfer

FP Rus shall be entitled to assign its rights and obligations under these Terms and Conditions and under SPA to any third parties at any time at its own discretion.