BUSINESS TERMS AND CONDITIONS
The information on the official website www.hilti.ru is for information purposes only and does not constitute a public offer.
Ordering terms and conditions
The goods are supplied on the Buyer's request and at the prices according to the Hilti price list valid at the time of ordering. The requests may be submitted by the Buyer using any method of communication agreed upon by the Parties. The requests shall include the item name, selection and quantity of the ordered goods.
Prices and Payment Terms
The cost of delivery of the goods shall be fixed in rubles in the delivery note and shall also include the cost of tare, packaging, labelling of the goods, transport costs to the destination (when delivering the goods to the Buyer), customs costs, taxes and levies payable in the territory of the Russian Federation.
The cost of repair of the equipment shall be fixed in rubles in the invoice and the completion certificate and shall include the cost of spare parts and labor, transport costs to the destination (when delivering the goods to the Buyer), customs costs, taxes and levies payable in the territory of the Russian Federation. Payments for deliveries shall be made in rubles to the bank account of Hilti Distribution Ltd. The Buyer's obligation to pay for the goods and/or the repair of the equipment shall be deemed to have been fulfilled as soon as the funds has been received in full on the settlement account of Hilti Distribution Ltd.
Deliveries may be made with deferred payment, provided that the Parties have signed an agreement to that effect.
The official website www.hilti.ru lists the prices according to the Hilti price list for unregistered customers.
For registered customers, prices include discounts in accordance with the Hilti Pricing Policy. In order to see the final price for your company, you need to log in to your personal account (register). Hilti's Pricing Policy applies to all customers within the Russian Federation.
The Buyer shall provide all necessary data at the time of ordering to enable the accurate and unambiguous identification of the Buyer and to fulfil all obligations of Hilti to the Buyer, including providing Hilti with his/her current and valid e-mail address and mobile phone number for the purpose of sending an electronic cash receipt to the Buyer using the above details. The Buyer is responsible for the completeness, accuracy, reliability and relevance of the data provided.
An electronic cashier's cheque shall be sent to the Buyer at the time of payment, which is considered hereunder to be the following:
a) for settlements through the website using a bank card provided that the funds are temporarily blocked (reserved) in the Buyer's bank account for the further debiting of the advance payment for Buyer's order once Hilti has confirmed this order, the time when Hilti sends an instruction to the acquiring bank to debit the blocked (reserved) funds from the account linked to Buyer's bank card, which results in the debiting of the account. However, the specified time shall be no later than 3 working days after the Buyer has placed the order;
b) for non-cash payment through bank transfer at a bank branch in the Russian Federation or via internet banking - on the business day following the day on which the bank servicing Hilti confirms receipt of the funds which the Buyer has instructed the bank to transfer to Hilti's settlement account. The Buyer should take into account the transfer deadlines set by the various banks.
c) for non-cash payment for the goods returned by Hilti to the Buyer, the time Hilti sends to its bank an order to debit the settlement account of the Seller to the Buyer's bank card for the payment of the appropriate amount to the Buyer for the goods returned by the Buyer.
Hilti shall not be liable for failure to send the cashier's check to the Buyer at the time of payment due to the Buyer's failure to provide all necessary information for such sending of the cashier's check and/or other failure to comply herewith and/or for other reasons beyond the control of Hilti.
The goods are delivered once payment has been received as per the invoice. Delivery times are set in accordance with the delivery schedule applicable to the location. The name, selection and quantity of the goods shown on the invoice may only be changed subject to further agreement between the Parties. If requested by the Buyer and/or if any Hilti product ordered by the Buyer is out of stock, delivery times (or additional deliveries) shall be agreed additionally by the Parties. Hilti shall be entitled to supply goods in batches as they become available in stock.
Delivery of the goods shall be effected by delivery to the Buyer on the delivery terms valid at the time of order, either by handing over the goods to the carrier of the Buyer, or by placing the goods at the disposal of the Buyer at Hilti's warehouse (pick-up of goods by the Buyer). Delivery shall not include unloading the goods, lifting the goods to the floor, etc. The method of delivery shall be agreed upon by the Parties when finalizing the accounts.
Simultaneously with the handover of the goods (repaired equipment), Hilti shall provide the Buyer with the documents as provided by Russian law (delivery note upon delivery of the goods, delivery note upon delivery, invoice, operating instructions upon delivery of the goods and completion report upon repair of the equipment). This set of documents is sufficient for the delivery of the goods to be considered as having been effected with regard to the accompanying documentation. Other documents (if available) shall be made available on request of the Buyer.
The delivery of the goods to the Buyer or the Buyer's representative (including in cases when the Buyer is a legal entity) is subject to the presentation of identity and/or authorization documents of the relevant persons.
Documents to be shown when you receive the goods:
- a passport or other identification document of the Buyer (when the Buyer is an individual or an individual entrepreneur) or the Buyer's representative;
- when the goods are received by an authorized person on behalf of the Buyer, a document certifying the authority of the Buyer's representative (power of attorney or other document certifying authority as prescribed by law);
Only the person authorized to do so by the Articles of Association or by power of attorney may sign the delivery note and/or the completion certificate upon receipt of the goods. The consignment note (TORG-12) shall include the recipient's position and printed signature, and the details of the power of attorney, the original of which is given to the Hilti representative or driver of the transport company together with the consignment note.
If your Company uses stamps, you are required to provide Hilti Distribution Ltd. with an appropriate letter with a sample of the stamp and/or oval seal, certified by the signatures of the CEO, chief accountant and the corporate seal. The text of the letter shall specify the persons entitled to receive the inventory.
The time of delivery of the goods and the time of transfer of ownership and the risk of accidental loss/damage of the goods shall be deemed the time when the goods are placed at the disposal of the Buyer, the carrier of the Buyer or another person nominated by him/her, as evidenced by the signature of the Buyer's authorized representative on the consignment note and/or delivery note.
Conditions and procedure for the release of goods (repaired equipment) on pre-paid orders at pick-up points when the Buyer is an individual.
The release of goods (repaired equipment) on pre-paid orders to the Buyer which is an individual at the pick-up point "DPD" or other similar service providers is carried out without presenting a Buyer's identity document, using a combination of an Electronic identifier, which is a mobile subscriber number (mobile phone number), for the purpose of identifying the Buyer's identity and as his/her simple electronic signature Buyer, specified in the registration form on the site www.hilti.ru and further in the personal account or in the "Personal data subject's consent to the processing of personal data and the use of a simple electronic signature", and generated in each case of the issuance of a unique set of digits (hereinafter referred to as the "PIN code"), sent to the Buyer to the mobile phone number indicated by him/her in an SMS message (hereinafter referred to as the "SMS") upon receipt of the goods at the pick-up point.
The Buyer, being an indivudual, hereby agrees to release the goods (repaired equipment) issued at the pick-up point with the identification of the Buyer as specified herein.
The Buyer to whom the ordered goods (repaired equipment) shall be released is identified by his/her simple electronic signature as follows: in case of a match between the PIN code sent by the service provider to the mobile phone number of the Buyer who ordered the goods (by placing the request for equipment repair) and the PIN code reported to the pick up point employee at the time of delivery of the goods (repaired equipment) and entered in the form of an electronic document to confirm the transfer of the goods (repaired equipment) to the appropriate person, such a simple electronic signature is considered to be authentic and provided by the Buyer, the ordered goods are subject to be handed over to the Buyer.
The goods cannot technically be released to the pick up point without entering the correct PIN in the form of an Hermes electronic document to confirm the transfer of the goods to the appropriate person.
In accordance herewith, the use of an Electronic Identifier and PIN is appropriate and sufficient means of confirming Buyer's identity without proof of identity and is considered to be equal to Buyer's handwritten signature when entering into and fulfilling any contracts with Hilti where the Electronic Identifier and PIN may be used. Any action taken using the Electronic Identifier and PIN shall be deemed to have been taken by the Buyer and shall not be subject to challenge by the Buyer, except as expressly provided for in the laws of the Russian Federation. At the same time Hilti and third parties involved by the latter shall reserve the right to request proof of identity from the Buyer in the event that they are in doubt as to whether the person concerned is the appropriate recipient of the PIN.
In order to use the PIN, the Buyer shall provide correct and up-to-date information about himself/herself (including his/her mobile phone number) by contacting Hilti Customer Service or registering online at www.hilti.ru. and connection to electronic communications channels, including mobile communications, and support of the necessary functions, including SMS functions, on their devices (telephone, smartphone, tablet etc.) and with their telecommunications provider.
The customer shall be responsible for the correctness, accuracy and relevance of all the information which he/she provides when entering into and fulfilling contracts with Hilti and shall notify Hilti without delay if any of the information about himself/herself which appears on the registration form www.hilti.ru and further in the personal account or in the "Personal data subject's consent to the processing of personal data and the use of a simple electronic signature", by contacting Hilti Customer Service.
The Buyer, by agreeing hereto, confirms that only the Buyer has access to his/her mobile device as well as the Electronic identifier; the mobile device and the Electronic identifier are not used by third parties.
The Buyer and Hilti shall comply with the confidentiality terms of the Electronic identifier and PIN in accordance with the privacy and personal data protection provisions. In order to prevent an unauthorized person from receiving the ordered goods (repaired equipment), the Buyer shall keep and use the PIN in a manner that prevents its unauthorized use, including taking measures to secure the Buyer's mobile device and prevent the possibility of using the mobile device and the Electronic Identifier by third parties, not to disclose the PIN to third parties. In the event of failure to comply with these terms, the Buyer shall assume all risk of loss and other adverse consequences resulting from unauthorized access by third parties to the Buyer's Electronic Identifier, SIM card and mobile device.
If the Buyer's mobile device, the number of which is indicated on the registration form www.hilti.ru and subsequently in the personal account or in the "Personal data subject's consent to the processing of personal data and the use of a simple electronic signature" is lost or stolen, the Buyer shall notify Hilti immediately by contacting Hilti Customer Service and shall bear all risks associated with the late notification. Upon receipt of the said notice, Hilti will immediately block the Buyer's Electronic Identifier. Hilti shall not be liable for any inaccurate information provided by Buyer, such as mobile phone number, or any inaccurate information entered by Buyer, or for the loss of validity of information previously supplied by Buyer and used by Hilti in performing its obligations, nor shall Hilti be liable for loss arising from third parties using the PIN for the Buyer if such use occurs after the PIN was sent to Buyer.
If the Buyer, when placing an order (the request for equipment repair), specifies another authorized person as the “Delivery Contact Person" (in case when he/she does not receive the goods (repaired equipment) by himself/herself), the Buyer shall confirm and warrant that the contact person and the mobile phone number of the specified person are reliable and up-to-date, and the Buyer shall agree that the mobile phone number of the delivery contact person specified by him/her is used as an Electronic identifier, to which a unique PIN code will be sent when the goods (repaired equipment) are ready to be released for an order (request) issued and paid for by the Buyer, the delivery of the goods (repaired equipment) to the delivery contact person is equivalent to the delivery of the goods to the Buyer and falls under all the Business Terms and Conditions specified in this section.
The time of fulfilment of Hilti's obligation to deliver the goods (repaired equipment) to the Buyer, when the Buyer is an individual, and the time of transfer of ownership to the goods and the risk of accidental loss/damage of the goods shall be deemed to be the time when the goods (equipment) are placed at the Buyer's disposal, as evidenced by submission by the Buyer (the Delivery Contact) of a simple electronic signature in accordance herewith.
At the request of the Buyer, it is impossible to release only part of the goods (partial acceptance) for a pre-paid order at the pick-up point, in this case, a full refund of the order shall be issued at the pick-up point.
For a step-by-step procedure for picking up orders at pick-up terminals and delivery points, please see "CUSTOMER PICK-UP FROM TERMINALS & PICK-UP POINTS".
An individual shall be entitled to return the goods within 14 calendar days of purchase in accordance with the Law of the Russian Federation No. 2300-1 dated 07.02.1992 on the Protection of Consumer Rights.
- Article combos (a set of items that are supplied complete and have the same article number) can only be returned in full. Individual components cannot be returned on a separate basis.
- The packaging is part of the goods and needs to be retained.
- Hilti Distribution Ltd. reserves the right to carry out an examination of the returned goods.
- A legal entity may return goods within 14 calendar days from the date of sale (date of invoice issue) by Hilti Distribution Ltd.
- In order to return an item, a legal entity shall prepare documentation of the return purchase.
- Goods must be returned in multiples of the package.
- The packaging and marketable condition shall be preserved.
- Article combos (a set of items that are supplied complete and have the same article number) can only be returned in full. Individual components cannot be returned on a separate basis.
- Goods shall be delivered by the customer to any of the warehouses of Hilti Distribution Ltd.
- Hilti Distribution Ltd. reserves the right to refuse, without giving any reason, a request for a return of goods previously purchased.
- Return of goods with an expiry date (chemical anchors, fire-fighting chemicals, etc.) shall be subject to restrictions (ask for the list of permitted expiry date goods by telephone: 8 (800) 700-52-52)
- The return period for goods with an expiry date (chemical anchors, fire-fighting chemicals, etc.) shall be 14 calendar days from the date of sale (date of invoice issue) by Hilti Distribution Ltd.
- Goods with an expiry date can only be returned in multiples of package.
- When returning goods with an expiry date, the remaining expiry date shall be more than 2 months.
- Aluminum profile cannot be returned.
- Return of special items (items brought to the Russian Federation by special order of the customer to carry out works at the site) shall be prohibited.
- Special length crowns (cut and brazed) may not be returned.
You can call the toll-free number for more information: 8 (800) 700-52-52
Hilti performs warranty service (rectification of defects) and servicing of Hilti equipment in accordance with the conditions described on here. By accepting these Business Terms and Conditions, the Buyer agrees hereto.
In order to have equipment repaired the Customer shall contact the Customer Service Department or a service center of Hilti or complete an equipment repair request on the website at www.hilti.ru. The equipment shall be handed over to the service center based on a delivery and acceptance certificate for repair signed by authorized representatives of each Party. The delivery and acceptance certificate shall contain the equipment type, serial number, complete parts list, comments of the Customer on the nature of the breakdown, the type of the required repair (full or minimal), the address for delivery of the repaired equipment after the repair completion. The equipment handover via the Hilty delivery service shall be performed only after completion of the Customer equipment repair request and the delivery service employee directly accepting the equipment from the Customer shall be the Hilti’s authorized representative. When issuing the delivery and acceptance certificate for paid repair there shall be specified the repair cost limit agreed upon with the Customer.
The repaired equipment shall be delivered to the Buyer in accordance with the provisions of the Delivery Conditions section hereof.
Unless otherwise additionally agreed, if the Buyer fails to notify Hilti within three (3) working days of acceptance of the work and delivery of the repaired equipment of any defects and/or deficiencies in the work and the repaired equipment, the repair work shall be deemed to have been properly performed by Hilti in accordance with the contract and accepted by the Buyer.
The Buyer shall be notified that damaged batteries (including those with mechanical damage to the body) have an increased fire hazard, and are prohibited from transportation and transfer to Hilti Distribution Ltd. for maintenance. The Buyer shall not to transfer the damaged batteries to Hilti Distribution Ltd. for maintenance and shall independently dispose of the damaged batteries in accordance with the applicable laws of the Russian Federation. The Buyer hereby agrees that damaged batteries transferred for servicing by Hilti Distribution Ltd. in violation of these conditions shall not be returned to the Buyer and shall be disposed of by Hilti Distribution Ltd. without compensation to the Buyer.
Trademarks and Commercial Designations
The Buyer shall agree that all Hilti products, its design, shape, mechanism, names and trademarks of Hilti (registered and unregistered) are the exclusive intellectual and industrial property of Hilti Corporation (Feldkircherstrasse 100. FL-9494 Schaan. Principality of Liechtenstein), and Hilti Distribution Ltd. shall be the only person authorized to use the relevant intellectual rights in the territory of the Russian Federation. The Buyer shall not be entitled to acquire any rights, title or share in any Hilti trademark or related intellectual property object or goodwill without written agreement with Hilti. The above shall also apply to the elements and designations that are confusingly similar to Hilti trademarks. The Buyer shall make every possible effort to protect Hilti’s rights to industrial and intellectual property from all kinds of violations. The Buyer shall refrain from registering Hilti’s trademarks and names as domain names.
Any use of trademarks, or business names and logos of Hilti by the Buyer shall be allowed only with a special written approval by Hilti.
The relations of the Parties hereunder shall be governed by the applicable law of the Russian Federation.
The Parties confirm that they themselves, their affiliates, employees or agents have have not paid and will not pay, have nor offered and will not offer to pay, have not allowed and will not allow paying any monetary sums or valuables directly or indirectly to any persons with the purpose to influence actions or decisions of these persons in order to obtain unfair advantages or achieve undue goals (such as getting discounts etc.) during the cooperation.
In the course of performing their obligation hereunder the Parties, their affiliates, employees and agents have not engaged and will not engage in actions qualified as giving or taking a bribe, or corrupt business practice, as well as in actions violating the requirements of the law against legitimization of income (money laundering).
Technical, financial, commercial and other information provided by the Parties to each other and connected with the subject of contract and business activities of the Parties (including the information placed on the website www.hilti.ru), as well as personal data of the Parties’ employees shall be deemed confidential and not subject to disclosure. The Parties agree not to disclose trade secrets, other confidential information to third parties in the absence of the written consent of the other Party, and the Buyer additionally agrees not to use the commercial information of Hilti Distribution Ltd. posted on www.hilti.ru both during the cooperation period and within 5 years after its termination.
The Parties agree that according to the applicable law of the Russian Federation the Parties in the performance of their obligations collect, process, combine, remember and use personal data of the employees and representatives of the Parties. Doing so, the Parties shall carry out the measures prescribed by the applicable law of the Russian Federation and aimed at the obtaining of the consent to the personal data processing and use, and at the protection of personal data in accordance with their processing and use means.
Warranties and representations
The Parties acknowledge that:
- are legal entities/individual entrepreneur (if the Buyer is a legal entity/individual entrepreneur) duly registered under the applicable laws of the Russian Federation and their representatives have all necessary authorizations connected with legally significant actions commission.
- no decisions on liquidation or reorganization (for legal entities) have been taken in their respect, and no insolvency (bankruptcy) process has been initiated.
- no sanctions or other special restrictive measures imposed by the European Union, the United States, the United Nations, Liechtenstein, Switzerland, the Russian Federation or other bodies, states or intergovernmental organizations are imposed on the Parties. Either Party agrees to notify the other Party without delay of the imposition of the said restrictive measures or of the receipt of information about the possible extension of the said measures, and such representations are of the essence for the other Party.
Failure to provide relevant information, misrepresentation of confirmed information or the occurrence of such events with respect to one of the Parties shall constitute a material breach hereof and the appropriate contract and shall be grounds for the other Party to unilaterally withdraw from such contract without recourse to court proceedings, subject to notice to the Party concerned and without compensation for any penalties or damages. Such a contract shall be deemed to be terminated on the tenth (10th) day after the date on which the Party concerned sends written notice of withdrawal to the other Party.
The overall liability of Hilti Distribution Ltd. for breach of contract shall be limited to the value of the goods or works/services in respect of which Hilti Distribution Ltd. is in breach.
If the contract provides for the imposition of contractual penalties, fines or penalties on Hilti Distribution Ltd. in the event that Hilti Distribution Ltd. violates its obligations under the contract, the amount of such penalties, fines or penalties may not exceed 10% of the value of goods or works/services in relation to which Hilti Distribution Ltd. is in breach.
Modification of the Business Terms and Conditions.
Hilti may at any time unilaterally modify these Business Terms and Conditions without the prior consent of the Buyer. All changes shall become effective as soon as they are posted on the official website www.hilti.ru unless otherwise provided.
The Buyer agrees to independently monitor changes in these Business Terms and Conditions by periodically reviewing the current version and shall be liable for any consequences arising from failure to review the current version of the Business Terms and Conditions.