Offer Agreement of the online store
Key Concepts:
- Site Visitor — a person who came to the site http://yoursite.ru without the purpose of placing an Order.
- User — an individual, a Site visitor, who accepts the conditions of this Agreement and wishes to place Orders in the Online Store
. - Customer — a person who has accepted the public offer on the terms of this offer, placing orders and purchasing goods from
, which are presented on the site http://yoursite.ru, for personal, household and other needs not related to business activities. - Seller —
( ), located at 000000, , , , office - Website — http://yoursite.ru-Online Store, owned by the Seller, located on a server in
, and having an address on the Internet http://yoursite.ru. It presents Goods offered by the Seller to its Customers for placing Orders, as well as payment and delivery conditions for these Orders to Customers. - Product — an object of the material world, not withdrawn from civil circulation and presented for sale on the Site.
- Order — a properly executed and placed request by a User, Buyer (corresponding fields filled in on the site in the Order Placementsection) for the purchase and delivery to the address specified by the User, Buyer / through self-pickup of Goods selected on the Site.
- Acceptance - Acceptance of this Public Offer is considered to be the placement of an Order for Goods by the Buyer in accordance with the conditions of the Public Offer.
1. General Provisions
1.1. The Seller sells Goods through an Online Store at: http://yoursite.ru.
1.2. By ordering Goods through the Online Store, the User agrees with the conditions of sale of Goods set out below (hereinafter — Conditions of sale of goods). In case of disagreement with this Public Offer, the User is obliged to immediately stop using the service and leave the site http://yoursite.ru.
1.3. These Conditions of sale of goods, as well as information about the Goods presented on the Site, are a public offer in accordance with Art. 435 and p. 2 Art. 437 of the Civil Code of the Russian Federation. Relations in the field of consumer protection are regulated by the Civil Code of the Russian Federation, the Law "On Protection of Consumer Rights", the Decree of the Government of the Russian Federation "On Approval of the Rules for the Sale of Goods by Remote Means" and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
1.4. The Public Offer may be changed by the Seller unilaterally without notifying the User/Buyer. The new version of the Public Offer comes into force after its publication on the Site and applies to any Order placed after publication, unless otherwise provided by the conditions of this Public Offer.
1.5.1. The Public Offer is considered accepted by the Site Visitor / Buyer from the moment the Buyer places an Order without authorization on the Site, as well as from the moment the Order is accepted from the Buyer through the Site page Order Placement, which opens when you go to the "place order" page from the Shopping Cart section.
1.5.2. The contract concluded on the basis of the Buyer's acceptance of this offer is an accession contract, to which the Buyer accedes without any exceptions and/or reservations.
1.5.3. The fact of placing an order by the Buyer is an unconditional fact of the Buyer's acceptance of the conditions of this Contract. A Buyer who has purchased goods in the Seller's Online Store (placed an order for goods) is considered a person who has entered into relations with the Seller on the terms of this Contract.
1.6. A retail purchase and sale contract is considered concluded from the moment a cash receipt or other document confirming payment for the goods is issued or sent electronically by the Seller to the Buyer.
1.7. By providing the Seller with your e-mail (email address) and phone number, the Site Visitor, Buyer gives consent to the use of these means of communication by the Seller, as well as by third parties attracted by him for the purpose of fulfilling obligations to Site Visitors, Buyers, for the purpose of carrying out mailings of an advertising and informational nature containing information about discounts, upcoming and current promotions and other events of the Seller, about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer within the framework of this Public Offer.
1.8. By placing an Order, the Buyer agrees that the Seller may entrust the performance of the Contract to a third party, while remaining responsible for its performance.
1.9. The Buyer can place an order in the Online Store
1.10. Conditions for delivery and return are available on the site http://yoursite.ru in the sections Delivery and Return.
1.11. All text information and graphic images of goods placed on the Site are the property of the Seller or its counterparties. Viewing information or printing Site pages is permitted only for personal use.
2. Subject Matter
2.1. The subject matter of this Public Offer is to provide the User with the opportunity to purchase for personal, family, household and other needs not related to business activities, Goods presented in the catalog of the Online Store at http://yoursite.ru, by purchasing the Goods.
2.2. This Public Offer applies to all types of Goods and services presented on the Site, as long as such offers with descriptions are present in the Online Store catalog.
3. Goods and Order Procedure
3.1. The Seller is not responsible for the accuracy and correctness of information provided by the User when ordering goods.
3.2. Communication between the User/Buyer and managers, call center operators and other representatives of the Seller should be based on the principles of generally accepted morality and communication etiquette. The use of profanity, obscenities, offensive expressions, as well as threats and blackmail is strictly prohibited, regardless of the form and to whom they were addressed.
3.3. In case of absence of Goods ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, notifying the Buyer by sending an appropriate electronic message to the address specified by the Buyer during registration. Photos accompanying the Goods are simple illustrations of it and may differ from the actual appearance of the Goods. Descriptions/characteristics accompanying the Goods do not claim to be exhaustive and may contain typos. To clarify information about the Goods, the Buyer should contact the Seller through the feedback system indicated in the Contacts.
4.8. The Seller's obligation to transfer the goods to the Buyer is considered fulfilled at the moment the Goods are handed to the Recipient or the Goods are received by the Recipient at a postal office or at a pre-agreed place of issue of the Order (including at a pickup point or parcel locker).
3.5. The Buyer's Order is placed in accordance with the procedures specified on the Site in the section Order Placement.
4.10. In case of return of Goods delivered by transport company or postal service due to claims to the Goods, the Recipient is obliged to attach the following documents to the Shipment containing the returned Goods: a statement for return of funds; a copy of the act of identified discrepancies; a copy of the payment receipt; a copy of the shipment list; a return form, a photograph fixing the defect, an expert opinion (if conducted).
5. Payment for Goods
5.1. Prices for Goods are determined by the Seller in a unilateral indisputable manner and are indicated on the pages of the online store located at: http://yoursite.ru. In case of incorrect indication of the price of Goods ordered by the Buyer, the Seller informs the Buyer about this to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order was paid, the Seller returns the amount paid by the Buyer for the Order in the same manner in which it was paid.
5.2. The price of Goods on the Site may be changed by the Seller unilaterally. At the same time, the price for Goods ordered by the Buyer is not subject to change. An offer to conclude a contract for a specific product is valid for the period of the product's presence on the Seller's website provided that the product is available in the Seller's warehouse.
5.3. The Buyer can make payment using the methods indicated in the site sections Delivery. Specific delivery times may be agreed with the Buyer when the order is confirmed.
4.2. Delivery of goods to certain countries may be restricted by the legislation of the destination country. If delivery is restricted, the goods must be returned to the seller by any available means, and the money paid for the goods is refunded within 30 days by the same method by which it was paid.
4.2.2. The Buyer may collect the order from any of the Seller's stores.
4.2.3. For Customers from countries outside the region, the Seller ships the order without the taxes and duties of the Buyer's country of residence. The delivery price does not include taxes and duties.
4.3. The Seller makes every effort to meet the agreed delivery times. The Seller is not liable for possible delays in delivery due to unforeseen circumstances beyond the Seller's control.
4.4. On delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If the persons indicated above are unable to receive the Order, it may be handed over to a person who can provide the Order details (shipment number and/or the Recipient's full name).
4.5. The risk of accidental loss of or accidental damage to the Goods passes to the Buyer from the moment the Order is handed over and the Recipient signs the documents confirming delivery of the Order. If the Order is not delivered, the Seller reimburses the Buyer in full for the cost of the Order and delivery paid by the Buyer after receiving confirmation that the Order has been lost.
4.6. The delivery cost of each Order is calculated individually and depends on the chosen delivery method.
4.7. The User understands and agrees that delivery is a separate service that is not an integral part of the Goods purchased by the Buyer. Claims regarding the quality of the purchased Goods that arise after the Goods have been received and paid for are considered in accordance with consumer protection legislation and the warranty obligations of the respective Seller. Accordingly, purchasing Goods with delivery does not entitle the Buyer to demand delivery of the purchased Goods for warranty service or replacement, does not make it possible to perform warranty service or replacement of the Goods by visiting the Buyer, and does not imply a refund of the delivery cost in cases where the Buyer is entitled to a refund for the Goods as such under consumer protection legislation.
4.8. The Seller's obligation to hand over the goods to the Buyer is considered fulfilled at the moment the Goods are handed to the Recipient, or received by the Recipient at a post office or at a pre-agreed pick-up location (including a pick-up point or a parcel locker).
4.9. When receiving the Order from a transport company or postal service, the Recipient, after paying for the delivered Goods, must inspect them and open the package in the presence of the transport company's or postal service's staff in order to check that the Goods match the declared quantity, assortment and completeness, and must also check the integrity of the packaging. If there are claims regarding the delivered Goods (missing items, items different from those listed in the shipment inventory, manufacturing defects or other claims), the Recipient draws up a Discrepancy Report in the presence of the transport company's or postal service's staff. If the Recipient has not made claims in the manner described above, the Seller is considered to have fully and properly fulfilled its obligation to hand over the Goods.
4.10. When returning Goods delivered by a transport company or postal service because of claims regarding the Goods, the Recipient must enclose the following documents with the Shipment containing the returned Goods: a refund request; a copy of the discrepancy report; a copy of the payment receipt; a copy of the Shipment inventory; a return form, a photograph showing the defect, and an expert report (if one was carried out).
5. Payment for goods
5.1. Prices for the Goods are set by the Seller unilaterally and indisputably and are shown on the pages of the online store located at: http://yoursite.ru. If the price of the Goods ordered by the Buyer was shown incorrectly, the Seller informs the Buyer so that the Order can be confirmed at the corrected price or cancelled. If the Buyer cannot be contacted, the Order is considered cancelled. If the Order has been paid for, the Seller refunds the amount paid for the Order to the Buyer by the same method by which it was paid.
5.2. The price of the Goods on the Site may be changed by the Seller unilaterally. The price of Goods already ordered by the Buyer is not subject to change. An offer to conclude a contract for a specific product is valid for as long as the product is listed on the Seller's website, provided that the product is in stock at the Seller's warehouse.
5.3. The Buyer may pay using the methods specified in the site sections “Payment” and Delivery.
5.4. Features of payment for Goods using bank cards:
- 5.4.1. In accordance with the provision of the Central Bank of the Russian Federation "On the Issuance of Bank Cards and Operations Carried Out Using Payment Cards" dated 24.12.2004 No. 266-P, operations on bank cards are carried out by the cardholder or a person authorized by him.
- 5.5 Authorization of operations on bank cards is carried out by the bank. If the bank has reason to believe that the operation is fraudulent, the bank has the right to refuse to carry out this operation. Fraudulent operations with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
- 5.6 To prevent cases of improper use of bank cards when paying, all Orders placed on the Site and prepaid by bank card are checked by the Seller.
- 5.7 The Seller has the right to provide discounts on Goods. The types of discounts, the procedure and conditions for accrual are determined by the Seller independently and are indicated on the Site.
- 5.8 When conducting marketing activities involving the inclusion of any objects in shipments with the Buyer's Order, the delivery of such inclusions is carried out at the Buyer's expense. To refuse inclusion, the Buyer should contact the Seller through the Contacts section.
- 5.9 The Seller has the right to decide to block the payment method "Cash or bank card to the courier upon receipt" for the Buyer, in relation to Goods sold by the Seller in the following cases:
- if the Buyer committed or was suspected by the Seller of committing illegal actions aimed at causing harm to the Company (theft, robbery, fraud, intentional damage to property, etc.);
- if the Buyer, in the opinion of the Seller, behaved incorrectly when communicating with a call center manager, sales representative, other Company employees and/or committed intentional actions against company employees (causing harm to health of varying degrees of severity, hooliganism, insults, threats, restriction of freedom, etc.).
In this case, if it is established that the Buyer, in relation to whom the payment method "Cash or bank card to the courier upon receipt" was blocked, uses another account to order goods on the terms of payment "Cash or bank card to the courier upon receipt", the payment conditions "Cash or bank card to the courier upon receipt" may also be blocked for such an account. These provisions are not a manifestation of discrimination and are not aimed at violating the rights guaranteed by the legislation of the Russian Federation to consumers, but are aimed at reducing losses from the actions of Buyers
5.10 The Seller has the right to limit the payment methods available to the Buyer depending on the volume of previous orders.
6. Return and Exchange of Goods and Funds
6.1.1 Return of Goods sold by the Seller is carried out in accordance with the following return conditions.
6.1.2. Exchange of Goods, if it did not suit the Buyer in form, dimensions, style, color, size or configuration, is possible within the exchange period — 14 days, not counting the day of purchase.
6.1.3. Return or exchange of goods is possible when: its commodity appearance is preserved (packaging, seals, labels), consumer properties are preserved, the completeness of the goods is preserved, as well as a document confirming the fact and conditions of purchase of the specified goods (commodity or cash receipt).
7. Liability
7.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of Goods purchased in the Online Store.7.2. The Seller is not responsible for the accuracy and correctness of information provided by the User during registration or order placement.
8. Protection of Personal Data
8.1. Personal data of the User/Buyer is processed in accordance with the Federal Law "On Personal Data" No. 152-FZ.8.2. By providing their personal data to the Seller, the Site Visitor/User/Buyer agrees to their processing by the Seller, including for the purpose of the Seller fulfilling its obligations to the Site Visitor/User/Buyer within the framework of this Public Offer, promotion by the Seller of goods and services, conducting electronic and SMS surveys, monitoring the results of marketing activities, customer support, organizing delivery of goods to Buyers, conducting prize draws among Site Visitors/Users/Buyers, monitoring the satisfaction of the Site Visitor/User/Buyer, as well as the quality of services provided by the Seller.
8.3. Processing of personal data means any action (operation) or set of actions (operations) performed using automated means or without using such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change) extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose during the performance of obligations), depersonalization, blocking, deletion, destruction of personal data.
8.4. The Seller has the right to send informational, including advertising messages, to the email and mobile phone of the User/Buyer with his consent, expressed by performing actions that uniquely identify this subscriber and allow reliably establishing his will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without explanation by informing the Seller of his refusal by phone or by sending an appropriate statement to the Seller's email address.
8.5. The Seller has the right to use "cookies" technology. "Cookies" do not contain confidential information. The Visitor / User / Buyer hereby consents to the collection, analysis and use of "cookies", including by third parties for the purpose of generating statistics and optimizing advertising messages.
8.6. The Seller receives information about the IP address of the Site visitor. This information is not used to establish the identity of the visitor.
8.7. The Seller is not responsible for information provided by the User/Buyer on the Site in a publicly available form.
8.8. The Seller has the right to record telephone conversations with the User/Buyer. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and/or its transmission to third parties not directly related to the performance of Orders, in accordance with p. 4 Art. 16 of the Federal Law "On Information, Information Technologies and Information Protection".
8.9. The Buyer expresses consent and authorizes the Operator and the Operator's counterparties to process the Buyer's personal data using automated database management systems, as well as other software tools specially developed at the request of the Operator.
8.10. The Buyer has the right to request from the Operator complete information about his personal data, their processing and use, as well as demand the exclusion or correction/supplementation of incorrect or incomplete personal data.
8.11. The Client can refuse to receive mailings, refuse to receive advertising and other information without explanation in one of the following ways:
- The Client can select mailing parameters or refuse it by clicking the "unsubscribe" button in the email;
- The Client can contact the Seller's Customer Service by phone indicated on the site http://yoursite.ru in the Contacts.
9. Term of the Public Offer
9.1. This Public Offer comes into force from the moment of its acceptance by the Site Visitor/Buyer and remains in effect until the moment of withdrawal of acceptance of the Public Offer.10. Additional Conditions
10.1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties.10.2. The Online Store and provided services may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons.
10.3. The relations between the User/Buyer and the Seller are governed by the provisions of Russian legislation.
10.4. In case of questions and claims from the User/Buyer, he can contact the Seller by phone or other available means. All disputes arising will be resolved by the parties through negotiations, and if no agreement is reached, the dispute will be submitted to a court in accordance with the current legislation of the Russian Federation.
10.5. Recognition by the court of the invalidity of any provision of this Public Offer does not entail the invalidity of the remaining provisions.