Public Offer
General Provisions
This document is an official offer (public offer, in accordance with Article 437 of the Civil Code of the Russian Federation) from the owner of the online store (hereinafter referred to as the Seller) to conclude a remote retail sale agreement for goods with any interested person (hereinafter referred to as the Buyer) on the terms set forth below.
Full and unconditional acceptance of this Offer in accordance with Article 438 of the Civil Code of the Russian Federation is carried out by the Buyer by placing an Order on the Seller's website and/or paying for the goods. From the moment of acceptance of the Offer, the sale and purchase agreement between the Seller and the Buyer is considered concluded.
The Buyer undertakes to carefully read all the terms of this Offer. If the Buyer does not agree with any of the terms, they must refrain from placing an Order and purchasing goods on the Seller's website.
Terms and Definitions
- Offer - this public sale and purchase agreement of the Seller's goods, addressed to an indefinite circle of persons.
- Seller - a person selling goods through the Online Store. Information about the Seller (name, address, registration and contact details) is posted on the Online Store website.
- Buyer - an individual or legal entity purchasing or intending to purchase the Seller's goods through the Online Store for personal, family, household or other use not related to business activities (not for resale).
- Online Store (hereinafter also referred to as the Site) - the Seller's website through which goods are presented, Orders are placed by Buyers, and other related services are provided.
- Goods - a tangible object (product) offered by the Seller for sale on the Site. The Seller's assortment mainly includes clothing and accessories; the list of product categories may be updated and supplemented by the Seller.
- Order - a properly formatted request from the Buyer for the purchase of selected goods, addressed to the Seller through the functionality of the Online Store or in another way provided by the Seller.
Subject of the Agreement
The Seller undertakes to transfer the selected Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept this Goods on the terms of this Offer.
The sale of goods is carried out by the Seller remotely through the Online Store to the delivery addresses specified by the Buyer. This Offer is intended for the retail sale of goods to end consumers; wholesale purchase of goods for subsequent resale under this agreement is not carried out.
All information about the goods (description, characteristics, prices, photographs, etc.) is posted on the Seller's Site. Photographs of goods may slightly differ from the actual appearance (for example, color shade) due to the peculiarities of image display on device screens; however, the description and main characteristics of each product correspond to reality.
The Seller has the right to unilaterally change the range of offered goods, information about them and prices by publishing the relevant changes on the Site. Such changes do not affect already placed and confirmed Orders concluded before the publication of the changes.
Order Placement and Agreement Conclusion Procedure
The Order is placed by the Buyer independently through the Site. The placement procedure includes:
- selection of goods from the Seller's assortment and indication of the required quantity;
- adding selected goods to the 'Shopping Cart';
- proceeding to checkout and filling in the necessary data about the Buyer (full name, delivery address, contact phone number, email, etc.);
- selection of delivery method and payment method from those available on the Site;
- checking the total order amount (goods and delivery) and confirming the Order by pressing the corresponding button.
The Buyer is responsible for the accuracy and completeness of the information specified when placing the Order. In case of specifying an incorrect address or contact information, all risks associated with improper performance of delivery or other obligations are borne by the Buyer.
After receipt of the order, the Seller sends a confirmation of Order acceptance to the Buyer's email containing basic order information (list and quantity of goods, their cost, selected payment and delivery conditions). The sale and purchase agreement is considered concluded from the moment the Seller sends such confirmation to the Buyer's email. If the confirmation was not sent for any reason, but the Buyer has paid for the order, the agreement is considered concluded from the moment the payment is received to the Seller's account.
The Seller reserves the right to cancel the Order (in whole or in part) after its placement by the Buyer in the following cases:
- absence of the ordered goods in the Seller's warehouse (the Seller notifies the Buyer of the impossibility of fulfilling the order, after which the Buyer may be offered a replacement of the goods or cancellation of the Order);
- identification of an erroneously incorrect price or other essential information about the product posted on the Site due to system failure, typo, etc.;
- violation by the Buyer of the terms of this Offer in previous purchases or the existence of other legal grounds to assume bad faith on the part of the Buyer.
In case of cancellation of a paid Order, the Seller returns to the Buyer the cost of the cancelled goods (and delivery, if it was paid) in the same way the payment was received, or in another way by agreement of the parties.
The Seller has the right to set limits on the number of units of a particular product available for purchase by one Buyer within one Order, or introduce other restrictions at its discretion to prevent purchases for commercial (wholesale) purposes. The Seller informs about any current restrictions on the Site or when placing an Order.
Price and Payment
Prices for goods are indicated on the Site in the currency set by the Seller (by default - in Russian rubles) and include all applicable taxes. The price of the goods displayed on the Site at the time of placing the Order is final for this Order. The Seller has the right to unilaterally change prices for goods, but this does not affect already confirmed Orders.
Payment for goods is made by the Buyer in the form of 100% prepayment, unless otherwise provided by the selected payment method or a separate agreement with the Seller. Payment methods offered on the Site are accepted (bank cards, electronic payment systems, etc.). When paying by bank card, payment processing is carried out on a secure page of the payment service; the Seller does not receive or store the Buyer's bank card data.
In cases where the Seller provides the possibility of payment upon receipt (cash on delivery, payment to the courier, etc.), the Buyer is obliged to make payment at the moment of receiving the goods (before the transfer of the goods to them by the transport or postal service). Non-payment of the goods upon delivery is equated to the Buyer's refusal to perform the agreement.
The Buyer's obligation to pay for the goods is considered fulfilled from the moment the relevant funds are credited to the Seller's account or the Seller receives confirmation of payment authorization from the payment system. After that, the Seller proceeds to fulfill the Order - preparing and shipping the goods to the Buyer (provided that post-payment or payment upon receipt has not been agreed).
In case of order cancellation or return of goods of proper quality, the Buyer is refunded the paid amount minus delivery costs (if the delivery was not free). When returning goods of improper quality (defective, not corresponding to the description), the Buyer is refunded the full cost of the goods and delivery costs. The refund is made in the same way the Buyer made the payment, or in another way by agreement with the Buyer.
Delivery
The Seller delivers goods worldwide, unless otherwise expressly limited on the Site for certain regions or goods. Available delivery methods (postal shipment, courier service, pickup, etc.), approximate terms and current rates are indicated on the Site and/or specified by the Seller when confirming the order.
Delivery is made to the address specified by the Buyer when placing the Order. The Buyer is responsible for the accuracy of the address and ensures the possibility of receiving delivery at this address. Changing the delivery address after shipment is possible only in agreement with the Seller and may entail additional costs.
The delivery cost is calculated based on the selected method, remoteness of the region and tariffs of the transport company or postal service. Information on the delivery cost is displayed when placing the Order or communicated by the Seller separately before shipping the goods. If the Site provides for promotions or conditions of free delivery (for example, when ordering above a certain threshold), the Seller performs delivery on the specified conditions.
Delivery times depend on the delivery region and the work of carriers. The Seller makes efforts to ship the goods as soon as possible after order confirmation, but is not responsible for delays caused by the fault of carriers, customs authorities or due to other circumstances beyond the Seller's control.
For international delivery, the Buyer independently bears responsibility for paying all applicable customs duties, taxes and fees in the destination country, as well as for compliance with customs rules when importing the goods.
Ownership and risk of accidental loss or damage to the goods pass to the Buyer at the moment of handing over the goods to the Buyer or their designated recipient. Exception: if the Buyer unreasonably refused to accept the goods or did not ensure receipt, the risk of accidental loss passes to the Buyer from the moment of such refusal/non-receipt of the goods, and the associated costs (including the cost of return shipping) may be deducted from the amount to be refunded to the Buyer.
When receiving the order, the Buyer must check the integrity of the external packaging and the compliance of the delivered goods with their Order. If visible damage to the packaging, shortage of goods or other discrepancies are found, the Buyer should, if possible, record this (draw up a report with the delivery service representative and/or take photographs) and immediately contact the Seller to resolve the situation.
Return and Exchange of Goods
Return of Goods of Proper Quality. The Buyer has the right to refuse the received goods of proper quality and demand a refund of the paid amount within 7 (seven) days from the moment of receiving the goods (for Buyers - citizens of the Russian Federation) or within 14 (fourteen) days from the moment of receipt (for international Buyers), excluding the day of purchase. Return of goods of proper quality is possible provided that the goods have not been used, their commercial appearance, consumer properties, factory packaging, labels, seals are preserved, and there is a document confirming the fact and conditions of purchase (cash or sales receipt). Important: according to the legislation, goods of proper quality from the list of non-food goods not subject to exchange/return (approved by Decree of the Government of the Russian Federation No. 55 of January 19, 1998) are not subject to return, including, for example, perfumery and cosmetic products, underwear, hosiery, personal hygiene items, etc. (provided they are of proper quality).
Return of Goods of Improper Quality. The Buyer has the right to return goods of improper quality (i.e., goods with defects or not corresponding to the description) and demand a refund of the paid amount or replacement of the goods. Goods of improper quality are understood as goods incapable of ensuring their functional qualities due to a significant defect (manufacturing defect) or non-compliance with the declared characteristics. The terms and conditions of such return are determined by the current legislation (in particular, the Law of the Russian Federation 'On Protection of Consumer Rights' and the Civil Code of the Russian Federation). When returning defective goods, the Seller compensates the Buyer for the cost of such goods and reasonable expenses associated with its purchase and return (including delivery costs).
Return Procedure. To return goods (of any quality), the Buyer must perform the following actions:
- Contact the Seller via email or through the form on the Site (if provided) with a return application. In the application, indicate the order number, name of the returned goods, reason for return and desired option - exchange or refund.
- Attach to the application photographic images of the goods: in case of defects/damages - photos demonstrating the defects; in case of return without claims to quality - photos of the goods confirming its preservation (absence of traces of use, preservation of labels and packaging).
- After coordination with the Seller, send the goods back to the address specified by the Seller. The method of return shipment (by mail, courier service, etc.) is agreed with the Seller; when shipping, the goods should be securely packaged, a copy of the return application and a copy of the purchase document should be attached. It is recommended to keep the postal receipt and tracking number when sending a valuable parcel.
- Inform the Seller about the shipment information (for example, parcel tracking number) for tracking.
Refund. Refund of paid funds is made after the Seller receives the returned goods and checks its condition. Calculation of amounts to be refunded:
- when returning goods of proper quality, the Buyer is refunded the cost of the goods minus delivery costs (if delivery was paid separately and the goods are returned not due to defects); the costs of return shipping are borne by the Buyer;
- when returning goods of improper quality, the Buyer is refunded the full cost of the goods paid upon purchase, as well as the costs of delivering this goods to the Buyer and return shipping to the Seller.
Funds are refunded in the same way the order was paid, or in another way by agreement with the Buyer. The refund period does not exceed 10 (ten) working days from the date of receipt of the returned goods by the Seller or from the date of receipt of the return application from the Buyer (depending on which occurs later).
Exchange of Goods. If the Buyer wishes to exchange the purchased goods for another (for example, a different size or article), they must process the return of the original goods in the manner described above and simultaneously coordinate the possibility of exchange with the Seller. The exchange is carried out by placing a new order for the desired goods; by agreement with the Seller, an alternative procedure may be applied (for example, sending a replacement without a new order). The terms of exchange (availability of goods, cost recalculation, payment for repeated delivery) are communicated by the Seller individually.
Additional Conditions. Return and exchange of goods are carried out in accordance with the norms of consumer protection legislation. The Seller has the right to refuse the return of goods of proper quality if the return conditions are violated (the goods were used, commercial appearance was lost, completeness or purchase document is missing, etc.). In case of a dispute about the causes of defects in the goods, an independent examination may be conducted: for goods of proper quality - at the Buyer's expense, for goods of improper quality - at the Seller's expense (unless otherwise established by law).
Rights and Obligations of the Parties
Obligations of the Seller:
- Transfer to the Buyer the goods corresponding to the description and characteristics specified on the Site, of proper quality and in the agreed quantity, as well as all necessary accompanying documents for this goods (sales/cash receipt, product passport or certificate - if provided for this type of goods);
- Ensure proper packaging of the goods ensuring its safety during transportation;
- Maintain confidentiality of the Buyer's personal data and use them exclusively for the performance of this agreement or for other lawful purposes with the Buyer's consent.
Rights of the Seller:
- Require the Buyer to comply with all obligations, including timely payment for the goods and receipt of delivery within the agreed timeframes;
- Refuse service to the Buyer in case of systematic violation of the terms of this Offer or other unlawful actions (subject to notification of the Buyer of the reason for refusal);
- Make changes to the terms of this Offer in the manner provided for in the 'Final Provisions' section of this agreement;
- Engage third parties (transport companies, postal services, payment systems, etc.) to fulfill their obligations under the agreement without coordination with the Buyer.
Obligations of the Buyer:
- Provide accurate data about themselves when placing the Order (full name, active phone number, exact delivery address, etc.) necessary for the Seller to fulfill obligations;
- Timely pay for the ordered goods in full and, in case of delivery, ensure receipt of the goods within the agreed timeframes;
- After receiving the goods, check their completeness and compliance with the order, and in case of detection of non-compliance or defects - notify the Seller within a reasonable time in accordance with the 'Return and Exchange of Goods' section;
- Not use the purchased goods for business purposes (for profit-making or resale) without separate consent of the Seller;
- Comply with the terms of this Offer and current legislation when interacting with the Seller.
Rights of the Buyer:
- Require the Seller to fulfill the obligations assumed under this agreement, including timely transfer of goods of proper quality in the agreed quantity;
- Receive from the Seller information about goods, order placement procedure, its status, payment and delivery methods;
- Refuse the goods and return them to the Seller in cases provided for by the terms of this Offer and legislation, with receipt of the paid funds or replacement of the goods (in accordance with the 'Return and Exchange of Goods' section);
- Use other rights granted to the consumer in accordance with the legislation of the Russian Federation on consumer protection, including the right to proper quality of goods, to safety of goods for life and health, to information about the goods, as well as the right to judicial protection and compensation for losses in case of violation of rights.
Liability of the Parties
For non-performance or improper performance of the terms of this agreement, the parties bear responsibility in accordance with the current legislation of the Russian Federation.
The Seller is not responsible for harm caused to the Buyer as a result of the Buyer's violation of the rules of operation or use of the goods for other than their intended purpose.
The Seller is not liable for the impossibility of serving the Buyer for reasons beyond the Seller's control, including failures in the operation of telecommunication and energy networks, actions of malicious programs, unlawful actions of third parties, etc.
The Seller is not responsible for delays or other failures in the performance of its obligations caused by force majeure circumstances or circumstances beyond the reasonable control of the Seller (such as natural disasters, military actions, actions of authorities, strikes, failures in the work of transport or postal services, etc.). In case of force majeure, the party for whom it became impossible to perform obligations must notify the other party within a reasonable time. Performance of the agreement is suspended for the duration of the force majeure, unless such performance has become finally impossible; in the latter case, the agreement may be terminated by agreement of the parties or in the manner provided by law.
If the Buyer provided incorrect data (address, contact phone number, etc.) or did not accept the goods within the agreed period, the Seller is not responsible for the adverse consequences associated with this (for example, additional storage fee, repeated delivery, etc.). In this case, the Buyer is obliged to compensate the Seller for the actual losses incurred by the latter (for example, expenses for repeated delivery, storage of goods, etc.) related to the Buyer's culpable actions.
In case of violation by the Buyer of their other obligations under the agreement (including refusal of paid goods without grounds, non-compliance with the return procedure, etc.), the Seller has the right to demand from the Buyer compensation for losses caused by such violation in the manner provided by law.
By placing an Order, the Buyer confirms that they have the necessary legal capacity to conclude a sale and purchase agreement and understands the responsibility for false information or unlawful actions when placing and executing the Order.
Confidentiality and Personal Data
When placing an Order and/or registering on the Site, the Buyer provides some personal data, including but not limited to: last name, first name, patronymic, email address, contact phone number, delivery address. By accepting the terms of this Offer, the Buyer expresses consent to the processing of their personal data by the Seller, including their transfer to third parties involved for the performance of the agreement (courier services, payment services, etc.), to the extent necessary for the Seller to fulfill obligations.
Processing of the Buyer's personal data is carried out in accordance with the Federal Law of the Russian Federation 'On Personal Data' No. 152-FZ and the Seller's Privacy Policy (if available on the Site). The Seller uses personal data exclusively for fulfilling obligations under this agreement, as well as for informing the Buyer about the Order status and additional offers of the Seller (with the Buyer's consent to receive newsletters).
The Seller undertakes not to disclose the Buyer's personal data to third parties without legal grounds and to use them with the observance of protection measures ensuring their confidentiality. Only authorized employees of the Seller and/or persons engaged by them who need these data for the performance of the agreement have access to the Buyer's personal data.
The Buyer has the right to request from the Seller information about the processing of their personal data, demand clarification, blocking or destruction of such data if they are incomplete, outdated, inaccurate or not needed for the processing purposes. To exercise these rights, the Buyer may send a corresponding request to the Seller's contact email.
The Seller is not responsible for information provided by the Buyer on the Site in publicly available form (for example, product reviews), since such information is not confidential and is available to an unlimited number of persons. The Buyer independently bears responsibility for the correctness and legality of information posted by them independently in public sections of the Site.
The parties recognize technical data automatically transmitted to the Seller's Site by the Buyer's device (including IP address, cookies data, browser information, etc.) as not related to personal data, but their processing is also carried out on terms of confidentiality and for the purposes of ensuring the Site's operation, improving service and statistics.
Final Provisions
This Offer comes into force from the moment of its placement on the Site and is valid until its withdrawal by the Seller. The Seller has the right to withdraw or change the terms of this Offer at any time at its discretion.
Introduction of changes to the Offer is carried out by publishing a new version of the Offer on the Site. The changed terms come into force from the moment of their publication, or from another date specifically indicated by the Seller. Orders made by the Buyer before the new version of the Offer comes into force are serviced according to the terms in effect at the time of placing the Order.
The agreement concluded through acceptance of this Offer may be terminated by agreement of the parties at any time. Unilateral refusal to perform the agreement is allowed in cases provided for by legislation or this Offer (for example, the Buyer's refusal of goods of proper quality within the established period, or cancellation of the order on the Seller's initiative on the provided conditions).
All disputes, disagreements or claims that may arise in connection with the performance of this agreement shall be resolved through negotiations between the parties. If no agreement is reached, the dispute is submitted for consideration to a competent court at the Seller's location, unless another procedure is established by legislation. For Buyers who are consumers under the legislation of the Russian Federation, the jurisdiction established by the law on consumer protection applies (the buyer has the right to choose the place of dispute consideration within established limits).
In everything not regulated by this Offer, the parties are guided by the norms of the current legislation of the Russian Federation. This agreement is considered concluded in written form. The fact of placing an Order by the Buyer on the Site means full and unconditional acceptance by the Buyer of the terms of this Offer.
Invalidity or non-performance of individual terms of the Offer does not entail the invalidity of the entire offer agreement. If any of the terms is recognized as invalid, the parties are guided by the norms of legislation closest in meaning to such term, and the remaining terms continue to be in full force.