(hereinafter referred to as the Offer)
1. KEY TERMS AND DEFINITIONS
The Online Store - the Seller's store located on the Internet at the following address: www.orenburgshal.ru
The Seller – Private Entrepreneur (IP) A.A. Uvarov (Registered address of actual location: 263 Tereshkova Street, Apt. 19, Orenburg; OGRNIP (Primary State Registration Number of Individual Entrepreneur): 314565814600050, TIN: 563701522806);
The Buyer – a natural person who is legally capable to act and who intends to order or purchase the Goods, or who orders, purchases or uses the Goods for the purpose not related to the implementation of any business activity, who placed their order with the Online Store; or a person specified as a Buyer on the Order;
The Goods - downy items sold at the Online Store;
The Order - a duly executed request from the Buyer for the purchase and delivery of the Goods selected at the Online Store;
The Delivery Service - the organizations enlisted by the Seller (based on the appropriate Contract) in the delivery of the Orders to the Buyers.
2. GENERAL PROVISIONS
2.1. This Offer (hereinafter referred to as the Purchase/Sale Agreement or the Agreement) is an official offer of the Seller to any Buyer suggesting they enter into the Purchase/Sale Agreement with regard to the Goods. This Agreement is published on the website www.orenburgshal.ru in order to ensure free access to its text.
2.2. This Agreement and the information presented at the Online Store contain the offer to purchase the Goods under the specified conditions, and constitute a public offer in accordance with Article 435 and Part 2 of Article 437 of the Russian Federation Civil Code. The absence of a paper copy of the Agreement signed by the Parties shall not be considered the reason to deem the Purchase/Sale Agreement not concluded. Payment in accordance with the Order is considered to be the Buyer's acceptance according to Paragraph 3 of Article 438 of the Russian Federation Civil Code, i.e. the Agreement is deemed concluded.
2.3. The rights-protection relations with regard to any of the Parties to this Agreement are governed by the Russian Federation Civil Code, the Law On Protection of Consumer Rights, the Russian Federation Governmental Decree No. 612 dd. 27.09.2007 On Approval of the Rules for the Remote Sale of Goods and other federal laws and legal acts of the Russian Federation.
2.4. The following actions are the confirmation that the Buyer has understood all terms of this Agreement and agrees to these terms in their entirety and without reservations:
2.4.1. filling out the form by following the Buy in 1 Click link on the www.orenburgshal.ru website, or
2.4.2. finalizing the Order by following the Complete the Order link on the www.orenburgshal.ru website, or
2.4.3. placing the Order via the phone using the phone numbers listed on the www.orenburgshal.ru website
2.4.4. placing the Order via e-mail using the addresses listed on the www.orenburgshal.ru website
2.4.5. after the payment of the Goods done by means of a bank transfer using the details specified on the www.orenburgshal.ru website, or
2.4.6. after the Buyer signs the consignment note (or other document confirming the delivery of the Goods to the Buyer) issued by the Delivery Service at the time of the actual hand-over of the Goods to the Buyer.
3. SUBJECT OF AGREEMENT
3.1. For the purposes of the present Agreement, the Seller undertakes to deliver and hand-over the Goods, and the Buyer agrees to accept and pay for the Goods according to the Order placed.
3.2. The name, item code, composition, production facility, color and size of the Goods are specified on the www.orenburgshal.ru website, on the Product Catalog page.
3.3. By entering into this Agreement, the Buyer confirms that he/she is informed of and agrees to the fact that the appearance of the Goods may differ from the images presented in the catalog - in terms of color, size and knitting pattern.
3.4. To place an Order, the Buyer has to fill out the appropriate form in the Online Store by themselves.
3.4.1. When filling out the form in the Online Store, the Buyer must provide the following information:
Name and Surname of the Buyer;
mobile phone number and e-mail address;
The indication of the Buyer's mobile phone number and e-mail address is a necessary measure needed to avoid any unauthorized actions undertaken by third parties on the Buyer's behalf.
3.5. If, after placing the Order, there occurred a change in the Buyer's details important for the proper performance of the Seller's duties, or the Buyer noticed an error in the specified delivery address or other information, the Buyer is obliged to immediately notify the Seller thereof by sending an appropriate letter using the Write to us! Online Assistant section on the www.orenburgshal.ru website or using the following e-mail address: email@example.com.
3.6. If the Buyer has any questions regarding the properties and characteristics of the Goods, then, before placing an Order, the Buyer should contact the Seller by sending a letter thereof using the Write to Us! Online Assistant section on the www.orenburgshal.ru website or by contacting the Support via the phone (the numbers are also listed on the www.orenburgshal.ru website) or by using the following e-mail address: firstname.lastname@example.org.
3.7. If the placed Order has not been paid for yet, and the ordered product is temporarily out of stock and/or it is impossible to deliver the Order to the specified address due to the circumstances (there is no courier delivery to the specified region, etc.), the Seller has the right to refuse the completion of the Order intended for the potential Buyer.
3.8. If the Order is paid and the ordered product is out of stock, the Seller has the right to offer the Buyer the following solutions to the situation:
- replacement by the product of the same cost, color and complexity of execution;
- replacement by the product that is more expensive/cheaper, its parameters similar to those required by the client;
- offer to get the product knit to order, having noted that it will take some time;
- if the Buyer is not satisfied with any of the options, the Seller offers the full refund for the Order and cancels it.
3.9. The Order is considered to be completed, and the ownership of the Goods and the associated risks pass from the Seller to the Buyer at the time of the Goods acceptance by the Delivery Service with the aim to deliver the Goods to the Buyer.
4. COSTS AND SETTLEMENT OF ACCOUNTS
4.1. The prices of the Goods posted in the Online Store are in Russian rubles.
4.2. All payments under this Agreement are done by the Buyer in Russian rubles. The payment methods are specified in the "Payment" tab on the www.orenburgshal.ru website.
4.3. The total costs of the Order is formed based on the costs of all ordered Goods, including the Order delivery costs.
4.4. From the moment of the Buyer's placing the Order, the price of the Goods is not subject to change. With the exception of the Goods purchased according to special offers (the price of the Goods is valid at the time of discount validity; in order to get the Goods at a discount price, the Order has to be confirmed or paid within 24 hours starting with the time of Order placement).
5. GOODS DELIVERY
5.1. Delivery methods and conditions are specified in the Delivery section on the www.orenburgshal.ru website.
5.2. Once the Order is finalized, the Buyer is provided with the information about the Order delivery date. This date means the period within which the Seller undertakes to deliver the Buyer's Order to the Delivery Service that the Buyer chose when placing the Order. The specified date depends on the availability of the ordered Goods at the Seller's warehouse and the time required to process the Order.
5.3. The delivery time specified on www.orenburgshal.ru is for reference (information) purposes only and do not give rise to any legal consequences for both the Seller and the Buyer. The information about the terms of the Goods delivery specified on the Website is approximate.
5.4. When accepting the Order, the Buyer signs the consignment note (or other document confirming the hand-over of the Goods to the Buyer). The Buyer's signature in the consignment note (or other document confirming the hand-over of the Goods to the Buyer) issued by the Delivery Service indicates that the Buyer had no complaints about the Goods and that the Seller fulfilled its obligations properly and in full measure.
6.4. The warranty period for the Goods is five days from the date of the Goods receipt by the Buyer.
6.5. The following is not covered by the warranty: slight marking-off, abrasion of the Goods, as well as defects arising from the use of the Goods for purposes other than intended, inappropriate usage, incorrectly selected size, exposure to chemical or other substances / unusual mechanical loads, lack of proper care, unskilled mending, violation of the seasonality instructions, loss of proper appearance as a result of washing and use.
6.6. In case of detection of any defects of the Goods after the warranty period, the Buyer undertakes to provide the Seller with an appropriate written request and, in case of the Seller's refusal to meet the requirements for the return of the Goods, the Buyer carries out an examination of the Goods at their own expense, with the participation of the Seller's representative. The Seller undertakes to accept the Goods, as well as to reimburse the costs of the Goods examination, provided that the Buyer submits the report of the independent examination conducted with the participation of the Seller's representative, as a result of which the defect (for which the Seller is responsible) was identified.
7. PERSONAL DATA
7.1. The Seller shall process the Buyer's personal data in accordance with the current legislation of the Russian Federation, including, but not limited to, Federal Law No. 152-FZ dd. 27.07.2006 On Personal Data (hereinafter referred to as FL No. 152).
7.2. Placing an Order via the Online Store and / or specifying the address, e-mail address by the Buyer on the www.orenburgshal.ru website, constitute the expression of the Buyer's consent to the processing of their personal data, including name, surname, patronymic, address, mobile phone, address, e-mail address, date of birth, gender, as well as other specified information - without limitation as to the period of validity. The Buyer agrees that the Seller has the right to transfer the Buyer's personal data to the third parties involved by the Seller for the delivery of the Goods and / or the information (provided for in paragraph 7.5. thereof) to the Buyer. By placing an Order and / or specifying the address, e-mail address on the www.orenburgshal.ru website, the Buyer acknowledges that they have been fully informed and their consent is explicit and conscious.
7.3. According to the terms of this Agreement, the Seller uses the Buyer's personal data in the following ways: for collection, records, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, including any other actions with personal data done by using automation or without the use of such means, in accordance with the Federal Law No. 152.
7.4. The Seller uses the Buyer's personal data for the following purposes
- to register the Buyer in order to fulfill the obligations under the Agreement;
- to collect and process statistical information and conduct marketing research;
- to provide the Buyer with the information about possible discounts, participation in promotions (special offers, sales, new collection release, etc.), discount and bonus programs;
- to determine the winner in prize and gift draws that may be held from time to time by the Seller in the way of promotional activities.
7.5. For the purposes specified in clause 7.4. of this Agreement, the Seller has the right to send informative messages (including advertisements) to the Buyer's e-mail address and mobile phone.
7.6. The Buyer at any time has the right to withdraw their consent to the Seller's right to process their personal data, by providing the Seller with a written statement of such refusal – by means of sending the statement to the Seller by a registered letter or handing the said statement over to the Seller's authorized representative in person (and obtaining the representative's signature as a confirmation of receipt).
8. LIABILITY OF THE PARTIES
8.1. For any non-performance or improper performance of the terms of this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
8.2. The Buyer is responsible for the accuracy and correctness of the information provided at the time of the ordering process.
8.3. The Buyer, if entering any false (inaccurate, invalid) information about themselves during the registration, or when failing to change the outdated information in due time, shall bear the risk of any negative consequences associated with such incorrect information, including the obligation to compensate for any damage that may be caused to the Seller.
9.1. The Seller undertakes not to disclose the personal data received from the Buyer. The Seller's transfer of the Buyer's personal data to the third parties involved by the Seller for the delivery of the Goods and / or the information (provided for in paragraph 7.5. thereof) to the Buyer is not considered a violation.
9.2. The Seller has the right to use the "cookies" technology (the technology that allows a web server to send service information to the user's computer and save it in the browser).
9.3. The Seller receives information about the Online Store visitor's identification device connected to the local network and/or the Internet (IP-address). This information is used for statistical purposes only and is not used to establish the visitor's identity.
10. DISPUTE RESOLUTION
10.1. The Parties shall take all reasonable measures to resolve any disputes and disagreements (that may arise during the performance of obligations) via negotiations.
10.2. If the Parties do not reach an agreement, all disputes shall be dealt with in accordance with the legislation of the Russian Federation.
11. FINAL PROVISIONS
11.1. This Agreement is valid as published on the www.orenburgshal.ru website and shall be applied and interpreted in accordance with the legislation of the Russian Federation.
11.2. The Seller has the right to introduce changes or amendments to this Agreement. The Seller can, but is not obliged to, notify the Buyer of significant changes to this Agreement, and, therefore, the Buyer undertakes to regularly monitor any possible changes to the Agreement posted on the www.orenburgshal.ru website.