GENERAL TERMS AND CONDITIONS OF SALE OF GOODS, DEVICES (EQUIPMENT), AND GOODS CONTAINING DIGITAL ELEMENTS

1. Subject

1.1. These Terms establish the general terms and conditions for the sale of devices (equipment) and goods containing digital elements (hereinafter referred to as “Goods” or “Device”) sold to consumers by “Viva Armenia” Closed Joint-Stock Company (hereinafter referred to as “Viva”) (hereinafter referred to as “Terms”), as well as consumers’ rights in accordance with the legislation of the Republic of Armenia.
1.2. These Terms do not apply to devices provided by Viva as a legal entity providing electronic communications services (routers, Wi-Fi devices, etc.) that serve exclusively as a means for providing electronic communications services.
1.3. These Terms apply to legal relations arising from the sale of devices sold by Viva at its Sales and Service Center(s) or through the online shop published on Viva's website.

2. Definitions

2.1. Sales and Service Center(s): Specialized center(s) or store(s) intended for the sale of Services and Equipment offered by Viva, as well as for Subscriber service.
2.2. Consumer: A natural person who acts and operates outside the scope of their commercial activity, business, trade, or profession.
2.3. Manufacturer: A legal entity, individual entrepreneur, or natural person that produces goods for sale.
2.4. Defect in Goods (Work, Service): Non-compliance of the goods (work, service) with regulatory documents, requirements of the legislation of the Republic of Armenia, terms of the contract, or requirements usually presented for the quality of goods (work, service).
2.5. Material Non-Conformity (Substantial Breach) in the Quality of Goods (Work, Service): Substantial violations of quality requirements for goods (works, services) (unrectifiable defects, as well as defects that cannot be eliminated without disproportionate costs or time, or those that reappear repeatedly or again after being eliminated, and other defects of a similar nature), in which case the Consumer has the right, at their choice, to terminate the contract and demand a refund of the amount paid for the goods (work, service), or to demand replacement of the non-conforming goods (work, service) with goods (work, service) of conforming quality.
2.6. Warranty Period: The time period during which, upon discovery of a defect in the goods (work), the manufacturer (executor, seller) is obliged to satisfy the consumer's demands as established by Law.
2.7. Goods Containing Digital Elements: Goods that are embedded with or interconnected with digital content or a digital service in such a way that the absence of said digital content or digital service would render the goods unable to perform their required functions.
2.8. Distance Contract: Any contract concluded between the Seller and the Consumer under an organized distance sales or service provision scheme without the simultaneous physical presence of the seller and the consumer, using one or more means of distance communication up to and including the time at which the contract is concluded.
2.9. Off-Premises Contract: A contract concluded between the seller and the consumer which is:
- a. concluded in the simultaneous physical presence of the seller and the consumer in a place that is not the business premises of the seller;
- b. concluded on the basis of an offer made by the consumer in a place that is not the business premises of the seller;
- c. concluded on the business premises of the seller or through any means of distance communication immediately after the consumer was addressed personally and individually in a place that is not the business premises of the seller, in the simultaneous physical presence of the seller and the consumer;
- d. concluded during an excursion organized by the seller with the aim or effect of promoting and selling goods or services to the consumer.
2.10. Business Premises: Any fixed industrial, commercial, or service facility where the seller permanently conducts their activities, or any mobile industrial, commercial, or service facility where the seller regularly conducts their activities.
2.11. Durable Medium: Any instrument that enables the consumer or the seller to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored.

3. Quality and Conformity of Goods

3.1. Viva is obliged to deliver to the Consumer a device whose quality conforms to the conditions specified on the Device, provided with the Device by the manufacturer, or published by Viva.
3.2. Viva is obliged to deliver to the Consumer a device that is fit for the purposes for which such a device is normally used.
3.3. If mandatory requirements regarding the quality of the goods, device (equipment), (work, service) are established by regulatory documents, then the Operator is obliged to deliver to the consumer goods, device (equipment) (perform work, render service) that conform to those mandatory requirements.
3.7. In accordance with the concluded contract of sale, the goods, device (equipment) delivered by Viva to the consumer must comply with the mandatory requirements established by the legislation of the Republic of Armenia, taking into account the exceptions provided by law.
3.8. No non-conformity of the goods exists in cases where, at the time of concluding the contract of sale, the Consumer was informed in writing that a specific characteristic of the goods deviates from the conformity requirements prescribed by law, and the Consumer accepted that deviation upon concluding the contract of sale.

4. Specific Features of Goods with Digital Elements

4.1. In the case of selling goods with digital elements, Viva is obliged to ensure that the consumer is informed of and has the opportunity to receive the necessary updates, including security updates and information regarding their significance, which are required to maintain the conformity of the goods during the period established by Law.
4.2. If the consumer fails to install within a reasonable period of time the updates provided by Viva (the manufacturer), Viva (the manufacturer) shall not be liable for any non-conformity resulting solely from the absence of the given update.
4.3. Information regarding the functionality of goods containing digital elements is provided within the frameworks of manuals, operating guides, and instructions supplied by the Manufacturer, for the content of which Viva assumes no liability. Viva shall make such information accessible to the Consumer in an accessible manner.

5. Warranty Periods and the Burden of Proof

5.1. In accordance with the Law, Viva establishes a warranty period of at least two years for goods and devices (equipment), including goods with digital content, provided under contracts of sale concluded with it.
5.2. The warranty period is established for goods whose purchase from the Seller can be identified, provided that the Consumer presents a sales receipt or cash register receipt confirming the purchase of the goods.
5.3. If the Contract of Sale for the purchase of goods with digital content provides for continuous supply for a period exceeding two years, Viva shall be liable for any non-conformity occurring during the supply period stipulated in the Contract of Sale.
5.4. In the event that a defect in the goods or device (equipment) is discovered during the warranty period established by Viva, the Consumer has the right to submit claims to Viva, the satisfaction procedure and deadlines for which, as well as Viva's liability, shall be defined by the contract concluded between the parties.
5.5. For used goods and devices (equipment), Viva reserves the right to establish a shorter warranty period, which, however, may not be less than one year, subject to compliance with the requirements of clause 5.1 of this document.
5.6. Viva is obliged to ensure the safety of the goods (work) or device (equipment) during the established service life or expiration period of the goods (work).
5.7. Viva bears liability in accordance with the procedure established by the legislation of the Republic of Armenia for the sale (performance of work) of goods or devices (equipment) that pose a danger to the life, health, and property of consumers.

6. Information About Goods (Works, Services)

6.1. Viva is obliged to provide the Consumer with necessary and accurate information regarding goods, devices (equipment), (works, services) that ensures the possibility of making a correct choice, based on the requirements established by the legislation of the Republic of Armenia.
6.2. In Viva’s stores and online shops, including on the website, all Consumers are provided with the opportunity to familiarize themselves with these Terms. By publishing these Terms or providing the opportunity to review them, no Consumer may claim that Viva’s employees or a person acting on behalf of Viva failed to present the information subject to disclosure to the Consumer in accordance with the Law.

7. Liability of Viva for Violation of Consumer Rights

7.1. Viva bears liability provided for by law and/or contract for the violation of consumer rights.
7.2. Damages caused to the Consumer by Viva are subject to full compensation, excluding any penalty (fine) established by Law or contract.
7.3. Damage caused as a result of defects in work or service is subject to compensation by Viva.
7.4. Viva (the manufacturer, executor) is released from liability for non-performance or improper performance of obligations if it proves that the performance or proper performance of obligations was impossible due to force majeure, or as a result of the consumer's violation of established rules for the use, storage, and transportation of the goods (work, service), or due to the actions of third parties.

8. Protection of Consumer Rights in the Sale of Goods to the Consumer

8.1. Viva is obliged to provide the Consumer with a sales receipt or other document confirming the fact of purchase, except in cases provided for by the legislation of the Republic of Armenia.
8.2. Viva is obliged to accept non-conforming (defective) goods from the Consumer and, if necessary, conduct a quality check of the goods, in which the Consumer has the right to participate.
8.3. In the event of a dispute regarding the causes of the defects in the goods, Viva is obliged to conduct an examination of the goods at its own expense in testing laboratories accredited in accordance with the procedure established by the legislation of the Republic of Armenia.
8.4. Viva is obliged to satisfy the Consumer's demands unless it proves that the defects in the goods arose after their delivery to the Consumer as a result of the Consumer's violation of the established rules for the use, storage, or transportation of the goods, actions of third parties, or force majeure.
8.5. The transport of bulky goods and goods weighing more than five kilograms for repair, price reduction, or replacement, as well as their return to the consumer, shall be carried out by Viva and at its expense.
8.6. If the Consumer submits a claim regarding defects in the goods in violation of the Law, Viva is obliged to provide the Consumer with an immediate written explanation of the procedure for submitting claims upon the discovery of non-conformity in the goods.
8.7. Viva bears the burden of proof regarding the causes of non-conformity in the goods, device (equipment), including goods containing digital elements, should any non-conformity become apparent within one year from the date of delivery to the Consumer.
8.8. Viva shall eliminate the defects discovered in the goods without any additional payment condition within twenty days from the date of submission of the consumer's request for the elimination of defects in the goods, or, if that is not possible, within a reasonable period of time and without causing any significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer required them.
8.9. Viva is obliged, upon the Consumer's submission of the specified demands regarding durable goods, to provide the Consumer free of charge with a similar product during the period of repair within a seven-day timeframe, ensuring delivery at its own expense. The list of durable goods to which the specified requirement does not apply is approved by the Government.
8.10. Upon submission by the Consumer of a claim regarding the discovery of defects in the goods and a request for replacement of such goods, Viva is obliged to replace such goods without any additional payment condition within a seven-day timeframe from the date of submission of the said claim, or, if an additional quality check of such goods by Viva is necessary, within twenty days from the date of submission of the said claim.
8.11. Viva must replace the non-conforming (defective) goods with new goods, i.e., unused goods. Upon replacement of the goods, Viva recalculates the warranty period afresh, starting from the date of delivery of the new goods to the Consumer.
8.12. For goods delivered with a commercial warranty, Viva is directly liable to the Consumer throughout the entire period of the commercial warranty for the repair or replacement of the goods.
8.13. When replacing non-conforming (defective) goods with goods of a similar brand (model, type), Viva shall not demand compensation for the difference between the price specified in the contract and the price existing at the time of replacement or the issuance of a court decision regarding the matter.
8.14. Viva shall replace or accept the return of conforming (non-defective) goods provided that the specified goods have not been used, their marketable appearance, consumer properties, seals, and brand tags are preserved, as well as the payment-confirming document or other billing document issued to the consumer, and provided there is evidence that the goods were purchased directly from Viva.
8.15. The Device (Equipment) is subject to return to a Viva Sales and Service Center by the Consumer, regardless of the method through which the Consumer acquired the Device (Equipment).

9. Protection of Consumer Rights in the Case of Distance Contracts and Contracts Concluded Off Business Premises

9.1. In the case of distance and off-premises contracts, Viva provides the Consumer, in the most convenient manner prior to the conclusion of the contract, with the procedure for using data associated with electronically completed messages, the entirety of which is deemed equivalent to a handwritten signature, enables the identification of the person signing in electronic form, and expresses their intent.
9.2. In the case of distance contracts, Viva presents the information defined by Law to the Consumer on a Durable Medium in a manner as clear and legible as possible, or makes such information accessible to the Consumer in a manner appropriate to the means of distance communication used.
9.3. Except in cases provided for by Law, the Consumer has the right to withdraw from distance or off-premises contracts without stating any reason within 14 days, calculated in accordance with the procedure established by the legislation of the Republic of Armenia. Exceptions apply to cases where the Device (Equipment) was provided by Viva (with or without a commitment to remain a subscriber) in order to make the Services provided over Viva's network accessible to the Consumer.
9.4. Viva is not obliged to reimburse supplementary costs if the Consumer has expressly chosen a type of delivery other than the standard delivery method offered by the Seller.
9.5. In cases where Viva does not offer to collect the returned goods in person, the Consumer undertakes to send back or hand over the goods to the Seller within 14 days from the date on which the notification of withdrawal from the contract was sent.
9.6. If a contract for the provision of services has been concluded between the parties, in the event of withdrawal from the contract, the Consumer is obliged to pay only for the services actually received.

10. Final Provisions

10.1. In case of any questions related to the sale and warranty service of goods, devices (equipment), and goods containing digital elements, consumers may call Viva at 093 298 700, send an email (inquiry, complaint, or suggestion) to 111@viva.am, or visit Viva’s sales and service center(s). Viva Head office is located at 4/1 Argishti Street, Yerevan 0015, Republic of Armenia.
10.2. The payment terms for goods and devices are as follows:
- - In cash: to the extent and under the conditions permitted by the legislation of the RA;
- - By non-cash payment: by any method and under any terms accepted under the legislation of the RA and customary business practices, including payment by QR code;
- - Through financing of the purchase by a bank or other financial institution: including purchase by installment or using credit funds, etc.
10.3. Delivery of the goods is free of charge.
10.4. The purchaser may withdraw from the Contract of Sale for the goods or equipment in the cases provided for by the Law and the legislation of the RA.
10.5. The main characteristics of the goods and equipment are specified in the documents accompanying the respective goods or equipment, which the purchaser may review in advance at the point of sale, and, where the goods are sold online, on the product description page.
10.6. The Parties agree that any dispute arising out of or in connection with the Contract of Sale may also be referred by Viva to arbitration for resolution by any of the following arbitration institutions:
- - the Permanent Arbitration Institution under the Chamber of Commerce and Industry of the RA;
- - “Digital Arbitration Center” LLC;
- - the Permanent Arbitration Court under “Arbitration” LLC.
The arbitration, including any communication and/or notification during the arbitration proceedings, shall be conducted in accordance with the laws of the Republic of Armenia and the rules established by the relevant arbitration institution applicable at the time of filing the claim (hereinafter, the “Arbitration Rules”). The place of arbitration shall be Yerevan. The language of the arbitration shall be Armenian. The Arbitration Tribunal shall consist of one arbitrator appointed in accordance with the Arbitration Rules. The arbitration shall be conducted in writing, without oral hearings, unless the Arbitration Tribunal decides otherwise. The dispute shall be resolved by the Arbitration Tribunal in accordance with the substantive law of the RA. Counterclaims and related claims shall be considered by the same Arbitration Tribunal that considers the original claim. The award of the Arbitration Tribunal shall be final and shall not be subject to appeal.
10.7. These Terms constitute an integral part of the contract concluded with the consumer. At the same time, for the avoidance of doubt, it is hereby stipulated that the issuance of a cash register receipt or a document evidencing payment, together with a warranty card (if applicable), constitutes, within the meaning of the Law, the conclusion of a contract for the sale or supply of goods or equipment, or any other type of contract provided for by the Civil Code of the Republic of Armenia, and the respective contract is not concluded by drawing up a single document signed bilaterally by the Parties.

11. Requisites of the Operator

“Viva Armenia” Closed Joint Stock Company
Republic of Armenia 4/1 Argishti str., Yerevan, 0015, RA
Tax Code: 01551651, Account Number: 1930004268280100 in "Converse Bank" CJSC
Website: www.viva.am
E-mail: info@viva.am, 111@viva.am

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