Terms and conditions

1.Terms and Conditions

These Terms and Conditions define and regulate legal relations concerning services provided by Profex Company (hereinafter also Company, We, Profex) by means of the website (hereinafter also Website).  The Company provides services in different countries with the help of its partners. Profex company operates under the ProfEx / Profex trademark, which is properly registered and protected in the territory of the Republic of Armenia. This CCP regulates the general procedure and conditions for the provision of services by the executor, the rights and responsibilities of the parties, the procedure for the responsibility of the parties for non-fulfillment or improper fulfillment of their obligations.

These Terms are set by Profex Company, are a public offer published on the Profex Company website (www.profex.am), and can be accepted by you only by joining them in full.

When you enter the Website, use any service, or download any content in whole or in part you, as a user (hereinafter also User, You, Your, Customer), confirm that you have fully read and understood these Terms and Conditions, and also other terms of Services provided by the Company published in the Website,  the provisions of the public agency (moderation) agreement and unconditionally accept them, regardless whether you are a customer of the Services provided by the company, a registered User of the Website, or just a visitor.

2. Definitions:

Profex company: "Profex Global" LLC - organization carrying out cargo transportation / postal delivery / service from the Russian Federation to the Republic of Armenia and to the opposite direction.

Customer / User / You - any physical or legal person who has accepted these terms and conditions through the website / application or in a documentary version

Personal Page / Account: The Client's Website, which becomes available to the Client as a result of following the relevant instructions on the Contractor's website or mobile application. The personal page contains information about the Services ordered by the Customer

Profex Service (ies) or Service (ies): Services provided by Profex, whose prices, technical capabilities, relevant packages are presented in the Price List, and their descriptions and the terms to provide services are presented in the Terms and Conditions, which are posted on the Official Website of the Executor.

CCP- Common Terms and Conditions

3. CONTRACT SIGNING LEGAL CAPACITY

These terms are accepted by you from the moment you have a personal page or account in Profex company, by making a note in the field “I read and accept”. Services offered by Profex company, description of services, the list, prices applied to them, Terms of Service, features and other necessary information are defined by Profex and are available to the users free of charge from the company's website, Profex Customer Service Center or from other means prescribed by Profex. Depending on the specifics of the Service provided, Profex may impose other conditions on the User(s) who have requested to use such Services, which will be fixed in the description of the offer under a separate contract. By agreeing to these Terms, you confirm that in accordance with the laws of the country of your location you are fully functional and have the right to use the Services. If in accordance with the laws of the country of your location you are not fully functional and cannot use our services yourself, to use them, you must get the consent of your parents or other authorized people. If you represent a legal entity, you confirm that you have all the powers issued by a legal entity and in accordance with the laws of the country of the legal entity’s location the right to use the Services. By agreeing to these Terms, you acknowledge that we cannot verify the information and data given by you, the authenticity of your assertions at this point, therefore full responsibility for any violation of this paragraph falls on you.

4. SERVICES PROVIDED BY PROFEX AND THE PROCEDURE OF THEIR PROVISION

Profex provides services to its customers directed to purchasing products (hereinafter also Order) from online shops at the expense of and on behalf of customers and delivering them to the customers (hereinafter Services). In order to use the Services fully, you must register on the Website and open a User account (hereinafter also User Account or Account). Each user can have only one Account. Users do not have the right to use other User’s accounts. When opening an account the User must represent all necessary authentic information. Users are responsible for the protection of their information and they bear responsibility for the functions/actions made from their Accounts. The User is obliged to immediately notify the Company if certain that there was unauthorized access to their account. In such a case the Company has the right to immediately block the account until full clarification of the circumstances. In any case, the Company does not bear any responsibility for actions made in the User's account by others. The responsibility for all the damage caused to the Company or third parties by those actions lies within the User.

The Services provided by the Company include but are not limited to:       

-"Profex" Company has the right to ship the delivery of the customers in its preferred method, as well as refuse the service of shipping a document or a parcel of a natural or a legal person. Irrespective of the reasons for suspension/termination of the operation of airlines, sea and land carriers, regardless of the reason for suspension/termination or twenty percent change in the cost of service, or the impossibility of ensuring the safe transfer of cargo, Company, in case of any other obstacles to the application of conditional restrictions or cargo transportation reserves the right to change the selected route or vehicle or the selected route and vehicle (air, sea, land), in case of one of the above-mentioned or other circumstances independent of the Company. In the case of one of the above-mentioned or other circumstances independent of the Company, the Company has the right to recalculate the tariffs. If the size of your Order is such that the Company is obliged to change the carrier, or if the Order may be dangerous or impede the transfer of other Orders, the Company has the right to refuse to transfer the Order or set a new tariff for the specific order. In such cases, the Company has the right to demand from you to pay the full cost of ordering or provided Services before sending the order to the address you specified from the foreign or RA warehouse.


-The Company has the right to refuse the further transportation of the shipment of the delivery at any time, if the delivery somehow endangers or impede the transportation of other deliveries, or it endangers personnel or equipment involved in the transportation process or if the shipment of the content of the delivery is prohibited by law or by the rules of third-party carriers used for transportation.


-Profex bears the right to cancel the delivery dates of the Orders, as well as suspend the provision of certain services when the total volume of orders increases (holidays, sale campaigns or events, etc.).

- Profex reserves the right to suspend the Services provided to you, including freezing the possibility of disposing of the amount available on your account and the shipping and delivery of your Orders, in cases where transactions on your account will cause doubts about the origin of the amounts in the account or the legitimate use of the Order. In such cases, the suspension of the Services will continue until you establish the legal origin of the funds available on the account or the purpose of the Order or the completion of relevant procedures provided by RA legislation.


- You acknowledge that in the event of disclosure of any transactions by you by the cards or other payment methods that do not belong to you and are unauthorized by the owner, or in any way the funds have been collected by the banks from Profex, Profex has the right to require you to pay a fine for each Order 190 000 AMD or up to 100% of the amount, as compensation for damage caused to Profex.


- Profex is responsible only for the transportation of Orders that have been delivered to and accepted by its warehouse. The shipping dates announced by Profex are conditional and the Company has no liability for their violation.


5. ADDITIONAL SERVICES

The customer will have the opportunity to use the Profex website, as a rule, twenty-four (24) hours a day. The customer will also have the opportunity to contact the Company's service department via e-mail. phone, and fax

Each User can use the services of the Company's technical service department, which is open from Monday to Friday from 10:00 to 18:00, phone: +37433558585.

The technical service department does not work on holidays and commemorative days defined by the RA legislation. After the hours defined in this point, such as Sundays, holidays and remembrance days, the User may use the services of the Performer Service, which are limited to general advice on using the Services.

6. DELIVERY ACCEPTANCE AND ADDRESSING PROCEDURE

The accepted delivery for shipping is divided into two classes: internal and international.

1. By internal shipping are shipped enclosures, which are not prohibited in the territory of the given country.

2. By international shipping are shipped enclosures, which are not prohibited to:

Profex has the right to refuse acceptance of the delivery, which does not have the appropriate packaging or formulation.

Profex does not ship:

Parcels are accepted for transportation only packaged. However, the Company has the right to check the contents of the packaged items for negating the existence of prohibited items for transfer.

The packaging of the parcel is the responsibility of the service user. The Company does not bear any responsibility for the damage caused by incorrect or incomplete packaging of the item.

Profex has the right to repack the Order, deconsolidate, and consolidate keeping the safety rules and requirements of the Order.

The Customer acknowledges that the weight of the Order may differ in the shipping and receiving locations, as a result of which the weight of the order will be rounded to 100 grams upwards, which does not affect the predetermined price of the order.

Each Order must be addressed by having the sender and the recipient information. The address information is written on the Order or the accompanying document.

The sender's and recipient's addresses on the order to be delivered on the territory of the specific country must be in the official language of that country.

On international shipments, the addresses must be written in Latin letters and Arabic numerals. It is allowed to write the recipient's address in the language of the destination country, with the condition that the destination country's name will be written in Armenian.

You are obliged to bear the expenses for the storage at the customs warehouse yourself, and in case they are made by Profex, to compensate the costs. If your parcel is in our warehouse for more than 30 days, you will be charged 400 AMD for each successive day. You also have to reimburse the expenses incurred by Profex as a result of your inactivity or failure to take the Order from your custom warehouse on time.

Profex reserves the right to destroy, sell, or otherwise dispose of it within 30 days of the receipt of its or its partner's foreign warehouse if the Order has not been identified within 30 days, contains prohibited products and/or in some countries, missing purchase documents (invoice). You authorize Profex to destroy Orders received in your name if the goods are not subject to transportation or have the limitation of transportation, and/or without purchasing documents (invoice) and you have waived any claim to the Profex in respect of such Orders.

In order to keep Customs legislation and for customs clearance purposes, you must enter pay your order within 48 hours from the date of receipt of the Notification Delivery notice on the Profex website or the new tracking number generated for your Order by Profex. You must indicate your order price within the 48 hours following the receipt of the Order Delivery notice next to your order tracking number or the new tracking number generated for your Order by Profex.

You are aware and accept that in case of not mentioning the price of the Order on the Profex’s website for the purpose of protecting the customs legislation and ensuring the receiving of the Order by you Profex or Customs authorities will generate and mention the price of the Order, and you bear full responsibility for the all the arising consequences.

The sender and recipient data are marked in the following way:

When buying an order, you must provide the seller with the identification code: Address 2, available at your personal account addresses section, and in case you get the tracking number from the seller, immediately declare it on the Profex’s website, in the corresponding field of your personal account. The above mentioned two numbers are your and your order’s shipping method identification numbers. If one of the above identification data is missing on the Order or incompatible with the data entered, then the Company, if it is possible, will try to contact you by the phone number provided by you and in case you do not answer during the same day, the parcel will be delivered by the shipping method available at the declaration of the tracking number declared by you and to the recipient in whose page the number was entered, and in case the tracking number is not available, address 2, mentioned on the Order, will be taken as a basis. The Customer acknowledges that in the event of failure to comply with the terms of this paragraph, all risks associated with the Order are borne by the latter and waives his/her right to present any claims to Profex in such cases.

In certain cases, which don’t depend on the Company, each completed form for the international delivery has an identification number, by which a customer can track the movement of the items by the internet up to the moment it is handed to the addressee. That number is also written on each piece of the Order, which allows to quickly restore the addressing data in case of the air waybill loss.

You give your consent that your passport data stored and processed by Profex for the implementation of the customs clearance.


7. SERVICE PAYMENT


-The payment by the recipient for the provided services is determined based on the tariffs at the time of order acceptance, however, if the cost of the service has increased by five or more percent during the period before the order was shipped, the Company reserves the right to unilaterally review the cost of the service.

- The Customer understands and accepts that the Order is subject to customs clearance in cases established by law, for which the responsibility lies within the Recipient. Moreover, the customer acknowledges that Profex does not carry consultation concerning customs clearance. It is the Customer's responsibility to independently determine the probability of customs clearance of the order independently. The Customers are obliged to follow all the steps for customs clearance and receiving the Order in the manner prescribed by law. In case as a result of the Customer’s inactivity, Profex suffers damages the customer is obligated to compensate for the damages. In case the parcel, that is subject to Customs clearance is not received by the Customer in 30 days, the Company has the right to organize the return of the parcel to the Sender, the responsibility for all expenses shall be borne by the Customer.

- The orders, for the import of which are necessary special certificates, permits or licenses must be specified by the customer. The customer is responsible for the payments of those Orders, as well as for obtaining and submitting all permits, licenses, and other necessary documents.

- The Customer is aware and accepts that Profex provides services in different countries that have different currencies, therefore in some cases, the delivery cost or other price quotations may be done in rubles or other currencies, but in case of cash payment the payment shall be done in accordance with the legislation of the recipient country in the currency of that country in accordance with the rates defined by RA "Evokabank" CJSC.

- The customer understands and acknowledges that the money transferred to his account by him may be expressed in other foreign currency, the Customer also acknowledges that the already existing funds in foreign currency can be expressed in Armenian drams. At the same time, the Customer agrees that the currency can be expressed in Armenian drams at the foreign exchange rate rates defined by RA "Evokabank" CJSC.

- For the Orders being delivered to the Republic of Armenia, in some cases, the delivery costs of the Orders may be mentioned in rubles or in other currencies, but the payments are made as of the date of payment in accordance with foreign currency exchange sell rates set by "Evokabank" CJSC.

- The customer is responsible for the legitimacy of the origin of the amounts transferred on his or her account. In case a request is submitted to Profex or to other companies by third parties concerning the legitimacy of the origin of the amounts transferred or a compulsory return of amounts is enforced, the customer is obliged to compensate for the damages caused to Profex to the extent of the money returned. Before the compensation of the damages caused, Profex reserves the right to keep and not to hand Your Orders.

-The Customer acknowledges, that during the provision of services, additional services may be required. The Customer is obliged to pay the additional cost, which is set by the Company.

-The customer is obligated to pay the full cost of service before receiving the Order. Before You receive an Order, you must annul and repay all obligations against Profex in connection with this or any other Orders. Profex reserves the right to keep the Order, as an assurance of the due fees, including fees associated with other Services. The Customer understands and accepts that after depositing funds into his account if the funds are not used within 4 (four) years from the date the funds are deposited, it will be withdrawn from the Customer's account.


8. ORDER SUBMISSION PROCEDURE

The Orders are shipped to the address mentioned in the accompanying documents. Courier hands the items to the recipient or an authorized person with signature. In case the Order is delivered to the recipient by a Profex Employee or another entity cooperating with Company by home delivery, the person receiving the delivery confirms the receipt of the shipment and note on the accompanying document:

In case the Order is received in the service centers of Profex with the help of the automated system, scanning of the code of the Order or entering the appropriate code through the scanning equipment; are considered a basis for handing over the Order to the recipient.

The handling procedure of the deliveries addressed to legal entities can be determined according to the contract signed between "Profex'' Company and legal entities.

In case of impossibility to deliver the parcel to the recipient (legal representative), it will be stored at Company or its partners for 30 days. The sender or recipient can request in written form to extend the term of the storage of the deliveries, up to three months.

Requester pays for the storage of the item.

In accordance with legislation and international agreement the Order is returned to the return address:

In case the Order is not received by the Customer in 30 days and there is no application for extension of the protection period, Company has the right to alienate the Order at a convenient price, take the money for his expenses, the rest will be handed back the Customer or a notary or a lawyer as a deposit. In case of Alienation of the Order, if the Client's liability to the Company is not fully repaid, the Client is obliged to compensate the residual liability.

The customs control and customs clearance of the international shipping transported through the customs border of the country, as well as the handing of the international deliveries to the addressee (legal representative) by the operator of Profex, is carried out in accordance with the requirements of the customs laws of that country.

Companies are not liable for customs declarations regardless of their composition, as well as for the decisions made by the Customs Service during the customs inspection of the deliveries.


9. DOCUMENTS FOR ORDER SUBMISSION


Items are handed in if the identity document is available. Items addressed to people under 16, are handed if identity documents or the corresponding documents of the legal representative are available․

The Order is handed on the basis of the original documents or notarized copies.

The compensation and liability in case of the loss of Orders are specified by the legislation of the country of the Company’s partner.

The Order may be handed to the person authorized by the Customer if the person has written power of attorney (including the filled in the site) and identity documents.

The order is considered properly delivered if the Customer or other person represents the identity documents of the Order’s addressee and on this basis, the Order was given to the Customer, Order’s addressee or the person who represented the identity documents of the Order’s addressee. The submission of your identity documents by you or any other person will be considered as proper authorization to receive the Order.

The order is considered properly delivered also in the case the order is received in the service centers of Profex with the help of the automated system. Customers unconditionally admit that the entry of the corresponding code into the system means that the person who entered it is the proper order receiving entity. The order is considered properly delivered also in the case the order is received in the service centers of Profex with the help of an automated system. Customers unconditionally admit that the entry of the corresponding code into the system means that the person who entered it is the proper order receiving entity. Under no circumstances shall the Company be liable for any damage caused to the Customer in the event of the personal barcode becoming known, transmitted or otherwise used by third parties. Unless otherwise specified, the Company is entitled to charge the Customer for the amount of service provided

The order is considered properly delivered when the document available from the courier of Profex company confirms the fact of receiving the cargo by signing.

If service users created accounts on the Profex website and filled balance, the money will be refunded to the service users in the following way:


10.  Compensation


If In the event of failure to perform or improper performance of the Services, Customers may submit a written claim (complaint) to the Company or its partner company, including compensation for actual loss caused by the Order. In any case, the Customer regardless of the form of communication (written request, telephone call, etc.) and causes (dissatisfaction, loss of order, damage, etc.) has no right to use offensive, degrading words or expressions. In the event of a breach of this condition, the Company reserves the right to block the Customer 's account and to terminate the Services without any notice. At the same time, blocking the Client's account does not relieve the parties from full fulfillment of their obligations to each other.

In case of non-delivery or damage or loss of the Orders a written complaint is submitted to "Profex" Company within 30 calendar days, from the date of the shipment of Orders or from the deadline of the handover. Moreover, if two bases for the period calculation are available the expiration date is considered the latest date.

The written requests (complaints) for the search for the loss of international Orders are received and discussed in accordance with terms and dates of legislation and international treaties.

A written request (appeal) is subject to registration as prescribed by law. While presenting a written request (appeal), the service users (legal representative) must submit an identity document.

To the written request (appeal) must be attached a copy of the service contract signed with Company or partner organization and (or) a copy of the receipt or a copy of the list of description of the enclosure of the Order, substantiations that are caused by nonperformance or improper performance of contractual obligations by the courier service operator and in case of written request (appeal) for compensation for damage information about the amount of the damage should be mentioned․

In written request (complaints) is mentioned:

The company examines the written requests (complaints) and replies to them in written form within the time prescribed by law.

In case of disagreement concerning the written requests (complaints), the service users may apply measures to protect their rights prescribed by the law.

The company makes the payment of cash as compensation for the damage caused in the manner and dates prescribed by legislation and international treaties.

In case of loss or damage of the Order, the Company’s responsibility at the discretion of the Company may limit with 20,000 (twenty thousand) AMD for the loss of shipping or repair cost for the damage of the Order. The insurance of the order and the expenses arising therefrom are carried out by the Customer at his/her will and at his/her own expense. Under no circumstances is the Company responsible for the organization of the transportation of easily damaged goods (glass, porcelain, etc.), the packaging of which, irrespective of the type of packaging, such as boxes, cases, etc. has not been obviously harmed during the organization of the shipment and there is no apparent causal link between the external damage and the damaged Product.

In case of an order worth more than 500 USD or more, insurance is mandatory for the Client. The Client shall make the choice and related expenses of the Insurer at his/her will and at his/her own expense. In case of failure to ensure the Order worth 500 USD or more, the Customer has no right to submit any claim to the Company for loss or damage of the Order. In this case, the liability of the Company may be exercised only in the event of a causal link between the Company's unlawful conduct, damages, damages and unlawful conduct, and the existence of a fault by a legally valid judicial act. In this case, the loss or damage of the order shall be reimbursed in the manner prescribed by these terms and/or the RA Civil Code.

In case the Orders are found after the payment of compensation for damage caused, it is handed to the recipient or is returned to the sender. Moreover, the applicant (sender or recipient) is charged the compensation for damage caused, except for the amount charged for the late shipment of the item, if such amount was given. If the applicant refuses to return the compensation amount, the delivery is stored as an undelivered item.

You are required to ensure the integrity of the Order upon receipt of the Order. The Company is not liable for any defects or shortcomings that may arise after the receipt of the order and has not been mentioned upon the receipt of the order.


11. THIRD-PARTY PRODUCTS


The Company does not represent that Third Parties, does not check the integrity of the materials placed by them, veracity, accuracy, and is not responsible for the content of Third Parties and Other Sites. The Company is not responsible for the services offered and provided by Third Parties through our Site.

The Company is not responsible for the quality, serviceability, integrity as well as for whether those products meet your expectations. You are entirely responsible for obtaining such Orders, implementing customs clearance, negotiating with third parties, returning the Order, and any other actions related to the Order.


12. CONFIDENTIALITY


Profex Company undertakes to keep confidential the information about the User, any information about the type, scope, place, time or other conditions of the services provided to it, except when it is required by law or necessary for the protection of the Company's rights. You are free to surf our website without registering. However, in order to use Profex services, we require you to sign up. All personal information is collected only when you give it to us. Upon sign up, you are required to give us your name and email, your home address and contact information. We can also obtain other sorts of information in various different manners whilst you use our website. Our servers collect such information as your IP address, language and browser you use, the type of the computer, internet provider, the time and date when you logged in and other such information. That information assists us in understanding and tracks the online behavior and trends of our users. We also collect information, which follows your movement and tracks the use of our website. That information allows us to give you customized services. The moment you sign up, we store the information provided by you, such as your email, password or else. Profex may also get additional information about you by means of other customers complaining about you, the survey you have completed on our website, you contact your customer support and others.

The company takes proper electronic, physical, and other security measures to ensure the safety of your personal information from illegal access, modification, or disclosure. All the data provided by you is stored on secure database servers. We password-protect any Profex profile pages that show your personal information. Profex will never ask you to disclose your password through phone calls or e-mails. We do not sell, trade, or rent User's personal identification information to others, except cases predetermined by the law. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

We can use your information in order to:


13. TERMINATION OR RESCISSION OF THE CONTRACT


You have the right to rescind the contract signed with the Company at any time, but after performing all your payment obligations to the Company. In case you have any overdue liabilities the contract cannot be considered rescinded. For rescission of the contract and closing the current account on Profex the Customer should submit an application about the rescission of the contract and closing the current account on Profex via [email protected] or in the Office of the company stating the email registered in Profex. Submission of an application approves that the Customer refuses from the bonus available on the account and is familiar with the conditions of return of the positive balance of the amount. The company has the right to unilaterally terminate the contract, if the customer with his actions spreads incorrect information concerning the services provided by the Company, trying to form a negative opinion about the Company among other subjects or in other cases, if the Company finds, that the Customer's actions harm or may harm the Company's business reputation. In case the contract termination is based on this point all Bonuses of the Customer are nullified. In case there is an available amount on the Customer's balance, the money is returned in accordance with the 7th, 8th and 9th Chapters of the Terms and Conditions. In case the Customer within 90 (ninety) calendar days, does not submit the receipt (for example cash checks) confirming payment provided for in Chapter 7 of the Terms and Conditions, the current account on the balance passes to the company.




14. RESPONSIBILITY


The Parties shall not be liable for non-fulfillment in whole or in part of their obligations under these Terms and Conditions due to force majeure. You hereby confirm and agree that your financial position cannot be considered as force majeure,: You are obliged to pay in full for Profex Services, regardless of your financial status. Profex shall be liable for Service Interruptions, Quality Impairments, Restrictions, or Other Failures, Failure to Perform, or Failure to Do Its Best to Ensure Proper Provision of Services in accordance with these Terms and Conditions. In the event of service interruptions, quality deteriorations, limitations, or other disruptions, Profex will make reasonable efforts to identify such deficiencies, eliminate problems as soon as possible, if the causes of the problems are under its jurisdiction.

The company is not responsible for the technical malfunctions of the site and the relevant service.

This Agreement is governed by the legislation of the Republic of Armenia.


15. FINAL PROVISIONS


The Company reserves the right to change these Terms at any time without prior notice. In the event of a change in the Terms, the Company will publish the updated Terms on the Website, indicating the date of the change. It is the User's responsibility to visit the Site from time to time and to check for changes to the Terms. The new terms will have legal force and will apply to the obligations arising after posting them on the Site.