Offer Agreement
Basic concepts:
- Website Visitor — a person who came to the website http://yoursite.ru without the purpose of placing an Order.
- User — an individual, a visitor to the Website, who accepts the terms of this Agreement and wishes to place Orders in the <COMPANY> Online Store.
- Buyer — a person who has accepted the public offer on the terms of this offer, placing orders and purchasing goods from <COMPANY>, which are presented on the website http://yoursite.ru, for their personal, household and other needs not related to the implementation of entrepreneurial activities.
- Seller — <COMPANY> (<COMPANY DETAILS>), location 000000, <CITY>, st. <STREET>, bldg. <HOUSE>, office <OFFICE>
- Website — http://yoursite.ru- an online store owned by the Seller, located on a server in <CITY>, and having the Internet address http://yoursite.ru. It presents the Products offered by the Seller to its Clients for placing Orders, as well as the terms of payment and delivery of these Orders to Clients.
- Product — an object of the material world that has not been withdrawn from civil circulation and is offered for sale on the Site.
- Order — a properly completed and posted request of the User, Buyer (the relevant fields on the site in the «Placing an order» section are filled in) for the purchase and delivery to the address specified by the User, Buyer / by self-pickup of the Products selected on the Site.
- Acceptance - Acceptance of this Public Offer is considered to be the Buyer's placing an order for the Product in accordance with the terms of the Public Offer.
1. General Provisions
1.1. The Seller sells Products through the Online Store at the address: http://yoursite.ru.
1.2. By ordering Products through the Online Store, the User agrees to the terms of sale of Products set out below (hereinafter referred to as the Terms of Sale of Products). 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 Terms of Sale of Products, as well as information about the Product presented on the Site, are a public offer in accordance with Article 435 and paragraph 2 of Article 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 the 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 Method" 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 Website and applies to any Order made after publication, unless otherwise provided by the terms 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 Buyer's Order is accepted through the Site page "Place an order", which opens when you go to the "place an order" page from the Cart section.
1.5.2. The Agreement concluded on the basis of the Buyer's acceptance of this offer is an accession agreement, 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 acceptance by the Buyer of the terms of this Agreement. The Buyer who purchased the goods in the Seller's online store (who placed an order for the goods) is considered as a person who entered into relations with the Seller under the terms of this Agreement.
1.6. The retail sale and purchase agreement is considered concluded from the moment the Seller issues or sends electronically to the Buyer a cash receipt or other document confirming payment for the goods.
1.7. By providing the Seller with his e-mail (e-mail address) and telephone number, the Site Visitor, the Buyer agrees to the use of the specified means of communication by the Seller, as well as third parties engaged by him for the purpose of fulfilling obligations to Site Visitors, Buyers, for the purpose of sending advertising and informational mailings 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 under this Public Offer.
1.8. Carrying out by placing an Order, the Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
1.9. The Buyer can place an order in the online store <COMPANY> 24 hours a day, 7 days a week, except for periods of scheduled maintenance or technical failures.
1.10. The terms of delivery and return are available on the website http://yoursite.ru in the sections «Delivery» and «Return».
1.11. All text information and graphic images of products posted on the Site are the property of the Seller or its counterparties. Viewing information or printing pages of the Site is permitted for personal use only.
2. Subject
2.1. The subject of this Public Offer is to provide the User with the opportunity to purchase Products presented in the catalog of the Online store at http://yoursite.ru for personal, family, household and other needs not related to entrepreneurial activity by purchasing the Product.
2.2. This Public Offer applies to all types of Products and services presented on the Site, while such offers with a description are present in the catalog of the Online store.
3. Product and purchase procedure
3.1. The Seller shall not be held liable for the accuracy and correctness of the information provided by the User when ordering the product.
3.2. Communication between the User/Buyer and managers, call center operators and other representatives of the Seller must be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, swearing, offensive expressions, as well as threats and blackmail, regardless of the form and to whom they were addressed, is strictly prohibited.
3.3. If the Products ordered by the Buyer are not available in the Seller's warehouse, the latter has the right to exclude the specified Product from the Order / cancel the Buyer's Order, notifying the Buyer by sending a corresponding e-mail to the address specified by the Buyer during registration. The photographs accompanying the Product are simple illustrations of it and may differ from the actual appearance of the Product. The descriptions/specifications accompanying the Product do not claim to be exhaustive and may contain typos. To clarify information on the Product, the Buyer must contact the Seller via the feedback system specified in the "Contacts" section.
3.4. In the event of cancellation of a fully prepaid Order, the cost of the cancelled Product shall be returned by the Seller to the Buyer in the same manner in which the Product was paid for.
3.5. The Buyer's Order is processed in accordance with the procedures specified on the Website in the "Order Processing" section.
3.6. The Buyer shall bear full responsibility for providing incorrect information, which entails the impossibility of the Seller properly fulfilling its obligations to the Buyer.
3.7. After placing an Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an email to the address specified by the Buyer during registration, or by phone. The manager servicing this Order clarifies the details of the Order, agrees on the delivery date, which depends on the chosen delivery method, which legal entity/individual entrepreneur will carry out the delivery, the availability of the ordered Products in the Seller's warehouse and the time required to process and deliver the Order.
3.8. The date of transfer of the Product may be changed by the Seller unilaterally in the event of objective reasons, in the opinion of the Seller.
4. Order delivery
4.1. The methods, as well as the approximate delivery times for the Products sold by the Seller, are indicated on the Website in the section «Delivery». Specific delivery times may be agreed upon by the Buyer when confirming the order.
4.2. Delivery of goods to individual countries may be limited by the legislation of the country of delivery. In case of a restriction on the delivery of goods, the goods must be returned to the seller in an accessible manner, the money paid for the goods is returned within 30 days in the manner in which the money was paid for the goods.
4.2.2. The Buyer can pick up the goods from all Seller's stores.
4.2.3. For Customers from non-CIS countries, the Seller sends the order excluding taxes and duties of the Buyer's country of residence. The delivery price does not include taxes and duties.
4.3. The Seller tries to comply with the agreed delivery times as much as possible. The Seller is not responsible for possible delays in delivery due to unforeseen circumstances.in, which occurred through no fault of the Seller.
4.4. Upon delivery, the Order is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible for the above persons to receive the Order, the Order may be handed over to a person who can provide information about the Order (shipment number and/or full name of the Recipient).
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 to him and the Recipient of the Order signs the documents confirming the delivery of the Order. In the event of non-delivery of the Order, the Seller shall reimburse the Buyer for the cost of the Order paid by the Buyer and delivery in full after receiving confirmation of the loss of the Order.
4.6. The cost of delivery of each Order is calculated individually and depends on the selected delivery method.
4.7. The User understands and agrees that: delivery is a separate service that is not an integral part of the Product purchased by the Buyer. Claims regarding the quality of the purchased Product that arise after receipt and payment for the Product are considered in accordance with the Law of the Russian Federation "On Protection of Consumer Rights" and the warranty obligations of the relevant Seller. In this regard, purchasing the Product with delivery does not give the Buyer the right to demand delivery of the purchased Product for the purpose of warranty service or replacement, does not provide the opportunity to carry out warranty service or replacement of the Product by visiting the Buyer and does not imply the possibility of returning the cost of delivery of the Product in cases where the Buyer has the right to a refund for the Product as such, in accordance with the Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Protection of Consumer Rights".
4.8. The Seller's obligation to transfer the goods to the Buyer is considered fulfilled at the moment of delivery of the Goods to the Recipient or receipt of the Goods by the Recipient at the post office or at a previously agreed place of issue of the Order (including at the pick-up point or parcel terminal).
4.9. Upon receipt of the Order from the transport company or postal service, the Recipient, after paying for the delivered Goods, is obliged to inspect the delivered Goods and open them in the presence of the employees of the transport company or postal service, to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, and also to check the integrity of the packaging. In case of any claims regarding the delivered Goods (shortage, inclusion of Goods different from those specified in the inventory of the shipment, manufacturing defects, other claims), the Recipient, in the presence of the employees of the transport company or postal service, draws up a Report on the identified discrepancies. If the Recipient has not filed any claims in the manner specified above, the Seller shall be deemed to have fully and properly fulfilled its obligation to transfer the Goods.
4.10. In the event of a return of the Goods delivered by a transport company or postal service due to the existence of claims against the Goods, the Recipient shall attach the following documents to the Shipment containing the returned Goods: an application for a refund; a copy of the act on the identified discrepancies; a copy of the payment receipt; a copy of the inventory of the Shipment; a return form, a photograph recording the defect, and an expert opinion (if conducted).
5. Payment for the Goods
5.1. The prices for the Goods shall be determined by the Seller unilaterally and indisputably and shall be indicated on the pages of the online store located at the following Internet address: http://yoursite.ru. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller shall inform the Buyer thereof in order to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, the Order shall be considered cancelled. If the Order has been paid, the Seller shall return the amount paid for the Order to the Buyer in the same way it was paid.
5.2. The price of the Goods on the Website may be changed by the Seller unilaterally. However, the price of the Goods ordered by the Buyer shall not be subject to change. The offer to conclude a contract for a specific Good is valid for the period of time the Goods are on the Seller's website, provided that the Goods are available in the Seller's warehouse.
5.3. The Buyer can make payment using the methods specified in the sections of the website «Payment» and «Delivery».
5.4. Features of payment for the Goods using bank cards:
- 5.4.1. In accordance with the regulation of the Central Bank of the Russian Federation «On the issue of bank cards and on transactions carried out using payment cards» dated 24.12.2004 No. 266-P, transactions on bank cards are carried out by the cardholder or a person authorized by him.
- 5.5 Authorization of transactions on bank cards is carried out by the bank. If the bank has grounds believe that the transaction is fraudulent, the bank has the right to refuse to carry out this transaction. Fraudulent transactions with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
- 5.6 In order to avoid cases of various types of illegal use of bank cards during payment, 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 Products. 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 that involve the inclusion of any objects in shipments with the Buyer's Order, the delivery of these attachments is carried out at the Buyer's expense. In order to refuse the investment, the Buyer must contact the Seller via 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 the Goods sold by the Seller in the following cases:
- if the Buyer has committed or was suspected by the Seller of committing illegal actions aimed at causing losses to the Company (theft, robbery, robbery, fraud, intentional damage to property, etc.);
- if the Buyer, in the opinion of the Seller, behaved inappropriately when communicating with the call center manager, sales representative, other employees of the Company and/or committed intentional actions against the employees of the company (causing harm to health of varying severity, hooliganism, insults, threats, restriction of freedom, etc.).
In this case, if it was established that the Buyer, for 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 terms "Cash or bank card to the courier upon receipt" may also be blocked for such an account. These provisions do not constitute discrimination and are not aimed at infringing on 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 The return of the Goods sold by the Seller is carried out in accordance with the following return conditions.
6.1.2. The exchange of the Goods, if they do not suit the Buyer in terms of shape, dimensions, style, color, size or completeness, is possible within the exchange period - 14 days, not counting the day of purchase.
6.1.3. The return or exchange of the Goods is possible when: its presentation (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 (sales receipt or cash register receipt).
7. Liability
7.1. The Seller is not liable for damage caused to the Buyer due to improper use of the Goods purchased in the Online Store.7.2. The Seller is not liable for the accuracy and correctness of the information provided by the User during registration or placing an Order.
8. Protection of personal data
8.1. The 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 fulfilling the Seller's obligations to the Site Visitor/User/Buyer within the framework of this Public Offer, promoting the Seller's goods and services, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, customer support, organizing the delivery of goods to Buyers, holding 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. The processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.
8.4. The Seller has the right to send informational, including advertising messages, by e-mail I also collect the User/Buyer's mobile phone number with their consent, expressed by their actions that clearly identify this subscriber and allow us to reliably establish their will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by informing the Seller of their refusal by telephone or by sending a corresponding statement to the Seller's e-mail 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 identify the visitor.
8.7. The Seller shall not be liable for the information provided by the User/Buyer on the Website in a publicly available form.
8.8. The Seller has the right to record telephone conversations with the User/Buyer. In this case, the Seller undertakes to: prevent attempts at unauthorized access to information obtained during telephone conversations and/or its transfer to third parties not directly related to the execution of Orders, in accordance with paragraph 4 of Article 16 of the Federal Law "On Information, Information Technologies and the Protection of Information".
8.9. The Buyer expresses consent and allows the Operator and the Operator's counterparties to process the Buyer's personal data using automated database management systems, as well as other software specially developed on behalf of the Operator.
8.10. The Buyer has the right to request from the Operator full information about their personal data, their processing and use, and also to demand the exclusion or correction/addition of incorrect or incomplete personal data.
8.11. The Client may refuse to receive mailings, advertising and other information without explanation in one of the following ways:
- The Client may select mailing parameters or refuse it by clicking the "unsubscribe" button in the email;
- The Client may contact the Seller's Customer Service by phone, indicated on the website http://yoursite.ru in the "Contacts" section.
9. Validity period of the Public Offer
9.1. This Public Offer shall enter into force from the moment of its acceptance by the Site Visitor/Buyer, and shall be valid until the acceptance of the Public Offer is revoked.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 the services provided 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 subject to the provisions of Russian legislation.
10.4. In case of questions and claims from the User/Buyer, he/she may contact the Seller by phone or other available means. The parties will try to resolve all disputes that arise through negotiations; if an agreement is not reached, the dispute will be referred to a judicial body in accordance with the current legislation of the Russian Federation.
10.5. The recognition by the court of the invalidity of any provision of this Public Offer does not entail the invalidity of the remaining provisions.