Favorites FROM "1" January 2019
THIS PUBLIC OFFER IS AVAILABLE ON THE WEBSITE AT
https://neblednaya.shop/oferta/
Neblednaya.shop online store (hereinafter referred to as the Online store), located on the domain name https://neblednaya.shop / (Individual entrepreneur TAMARA RAFAELOVNA PETROSYAN, hereinafter referred to as the "Seller", the "Administration of the Online Store site"), publishes this Public Offer for the sale of Goods remotely.
1. DEFINITION OF TERMS
1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer by the Seller, addressed to an indefinite circle of persons, to conclude a contract with the Seller for the purchase and sale of goods remotely (hereinafter referred to as the "Contract") on the terms contained in this Offer, including all Appendices.
1.2. Ordering Goods on the website of the Online store - the items specified by the Buyer from the assortment of Goods offered for sale when making an application for the purchase of Goods on the website of the Online store.
2. GENERAL PROVISIONS
2.1. The Buyer's order of the Product posted on the Online store's website means that the Buyer agrees to all the terms of this Offer.
2.2. The administration of the Online store's website has the right to make changes to the Offer without notifying the Buyer.
2.3. The validity period of the Offer is unlimited, unless otherwise indicated on the website of the Online store.
2.4. The Seller provides the Buyer with complete and reliable information about the Product, including information about the main consumer properties of the Product, the place of manufacture, as well as information about the warranty period and shelf life of the Product on the website of the Online store.
2.5. The provisions of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), Federal Law No. 2300-1 dated 07.02.1992 "On Consumer Rights Protection" (hereinafter referred to as the Law on Consumer Rights Protection), Decree of the Government of the Russian Federation No. 612 dated 27.09.2007 "On Approval of the Rules for the Sale of Goods remotely" apply to the relationship between the Buyer and the Seller, Government Decree of January 19 , 1998 No. 55 "On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer's requirement to provide him with a list of non-food products of appropriate quality for the period of repair or replacement of a similar product, which are not subject to return or exchange for a similar product of other size, shape, size, style, coloring or configuration", Federal Law No. 152-FZ dated 07/27/2006 "On Personal Data" (hereinafter referred to as the Law on Personal Data).
2.6. In accordance with Article 437 of the Civil Code of the Russian Federation, this document is a public offer and, if the conditions set out below are accepted, the individual accepting this Offer pays for the Goods in accordance with the terms of this Agreement.
2.7. According to paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for Goods by the Buyer is an acceptance of the offer, which is considered equivalent to concluding a Contract on the terms set out in the Offer.
2.8. Based on the above, the Buyer should carefully read the text of this Offer, if the Buyer does not agree with any clause of the Offer, the latter is invited to refuse to purchase Goods provided by the Seller on the website of the Online store.
3. THE PRICE OF THE PRODUCT
3.1. The price for each item of the Product is indicated on the website of the Online store.
3.2. The Seller has the right to unilaterally change the price for any item of the Goods.
3.3. In case of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in the price of the Goods within 3 days.
3.4. The Buyer has the right to confirm or cancel the Purchase Order if the price is changed by the Seller after placing the Order.
3.5. The Seller may not change the price of the Goods paid for by the Buyer.
3.6. The Seller indicates the cost of delivery of the Goods on the website of the Online store or informs the Buyer when placing an order by the Operator.
3.7. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.
3.8. Payments between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the Online store in the section name of the section
3.9. Product Information
3.9.1. Information about the Product is posted on the website https://neblednaya.shop /.
3.9.2. All distributed goods are put into civil circulation in a proper way and do not violate any rights of third parties.
3.9.3. All textual information and graphic images of goods posted on the website are the property of the Seller and/or its counterparties.
3.9.4. All information materials presented on the neblednaya.shop website are for reference purposes and cannot fully convey reliable information about certain properties and characteristics of the Product. If the Buyer has any questions regarding the properties and characteristics of the Product, before placing an Order, he must seek advice by e-mail: [email protected]
3.9.5. The product presented on the website of the Online store, in terms of quality and packaging, complies with GOST and TU, which is confirmed by relevant documents (certificates, etc.).
4. MAKING AN ORDER
4.1. The order of the Goods is carried out by the Buyer through the service of the website of the Online store www. the address of the section.
4.2. When registering on the Online store's website, the Buyer undertakes to provide the following registration information:
4.2.1. surname, first name, patronymic of the Buyer or the person specified by him (recipient);
4.2.2. the address to which the Goods should be delivered (if delivery is made to the Buyer's address);
4.2.3. e-mail address;
4.2.4. Contact phone number.
4.3. The name, quantity, assortment, article, and price of the Product selected by the Buyer are indicated in the Buyer's shopping cart on the Online Store's website.
4.4. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for the Product chosen by the Buyer.
4.5. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the Online store by the Buyer. After placing an Order through the website, the Buyer's data is registered in the Seller's database. Having approved the Order of the selected Product, the Buyer provides the Operator with the necessary information in accordance with the procedure specified in clause 4.2. of this Offer.
4.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an Order.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
4.8. The contract of purchase and sale by remote means between the Seller and the Buyer is considered concluded from the moment the Seller issues the Buyer a cash or commodity receipt or other document confirming payment for the Goods (in the case of pickup of non-prepaid goods from the Seller's warehouse, or the choice of a cash payment method to the courier by the Buyer).
4.9. Acceptance of the Order
4.9.1. After placing an Order, the Buyer receives information on the parameters of his application, indicating the final cost of goods, delivery and processing, to the e-mail address specified by him.
4.9.2. The Order is considered accepted for execution after the Buyer receives an e-mail message to the e-mail address specified when placing the Order in the registration form, confirming the acceptance of the Order and 100% prepayment of the Goods. A non-prepaid Order on the site is not accepted for registration, except in cases of pickup of goods from the Seller's warehouse, or the choice of a cash payment method to the courier by the Buyer.
4.9.3. The Seller reserves the right to cancel the Buyer's Application at the stage of confirmation of the Application.
5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. The Seller provides the Buyer with services for the delivery of Goods in one of the ways indicated on the website of the Online store.
5.2. If the Contract for the purchase and sale of goods by remote means (hereinafter referred to as the Contract) is concluded with the condition of delivery of the Goods to the Buyer, the Seller is obliged to deliver the Goods to the place specified by the Buyer within the time specified in the Contract, and if the place of delivery of the Goods is not specified by the Buyer, then at his place of residence or registration.
5.3. The Buyer specifies the place of delivery of the Goods when placing an Order for the purchase of Goods.
5.4. The delivery period of the Goods to the Buyer consists of the order processing period and the delivery period.
5.5. The delivered Goods are transferred to the Buyer, and in the absence of the Buyer - to any person who has presented a receipt or other document confirming the conclusion of the Contract or the execution of the delivery of the Goods. In case of pickup, the Buyer undertakes to pick up his order within 10 days from the date of delivery of the goods to the pick-up point. If the Buyer has not picked up the Goods at the pick-up point within the specified period, the Seller's obligation to deliver the Goods is considered fulfilled. In case of return of such Goods back to the Seller, the Buyer reimburses the return costs and pays the cost of shipping the Goods to the delivery address. In the specified case of return of the Goods, the Seller is not responsible for the safety of the Goods.
5.6. Information about the Product is brought to the attention of the Buyer in the technical documentation attached to the Product, on labels, by labeling or in any other way accepted for certain types of goods.
5.7. Information on the mandatory confirmation of conformity of the Goods is provided in the manner and in the ways established by the legislation of the Russian Federation on technical regulation, and includes information about the number of the document confirming such compliance, its validity period and the organization that issued it.
5.8. The terms of delivery of the Goods, the cost of delivery of the Goods are established by the Seller and brought to the attention of the Buyer using the website. The delivery of the Goods can be carried out by the Seller with the involvement of courier services.
5.9. Delivery methods, cost of delivery of Goods, approximate delivery time of Goods are indicated on the Website. The specified delivery times are approximate, calculated in working days. The day of delivery of the shipment to the Courier service is not included in the delivery period.
5.10. The goods presented on the website are delivered throughout the Russian Federation, as well as to the CIS countries indicated on the website.
5.11. Delays in delivery are possible due to extraordinary and unavoidable circumstances (force majeure) provided for in Article 15 of this Agreement.
5.12. The Seller undertakes to ship the Order for delivery (to the Courier Service) or to the pick-up point at the address of the online store as soon as possible. At the same time, the shipment period does not exceed 3 working days from the date of acceptance of the Order.
5.13. The right of ownership of the Goods passes to the Buyer at the time of receipt / transfer of the Goods.
5.14. The risk of accidental death or accidental damage to the Goods passes to the Buyer at the time of transfer of the Goods to him and the signature of the Recipient of the Order in the documents confirming its delivery. In case of non-delivery of the Goods, the Seller reimburses the Buyer for the cost of the Order prepaid by the Buyer and the cost of prepaid delivery in full after receiving confirmation from the Delivery Service of the loss of the Goods or its return to the Seller's warehouse.
5.15. The cost of delivery of each Order is calculated based on the cost and weight of the Goods, the region and the method of delivery, and is indicated on the website when placing an Order.
5.16. The Seller's obligation to transfer the Goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Recipient or receipt of the Goods from a representative of the courier company, including at the pick-up points of courier companies or at the terminals of courier companies.
5.17. Upon receipt of the Goods from the courier company, the Recipient is obliged to check it for compliance with the declared quantity, assortment and completeness of the Goods, as well as to check the shelf life of the delivered Goods and the integrity of the packaging. If there are no claims to the delivered Goods, the Buyer signs the relevant documents. The Recipient's signature in the documents for the delivery of the Goods indicates that the Recipient has not declared any claims against the Goods and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
5.18. In case of claims against the delivered Goods (underinvestment, attachment of Goods other than those specified in the shipment inventory, manufacturing defects, other claims), at the direction of the Recipient, a representative of the courier company draws up an Act on the identified inconsistencies, signed by the Recipient and a representative of the courier company.
5.19. If the Recipient has not filed claims in the above manner, the Seller is considered to have fully and properly fulfilled his obligation to transfer the Goods. This condition does not apply to the delivery of Orders to the specified address by the Courier Service, to the delivery points of Courier services, if the representative of the courier company directly refuses to open the package, since this service is not provided for in the Contract for the provision of postal services between the Seller and the courier company.
5.20. In case of return of the Goods delivered by the courier company due to the presence of claims against the Goods, the Recipient is obliged to attach the following documents to the shipment containing the returned Goods:
- application for a refund;
- a copy of the act on the identified inconsistencies;
- a copy of the payment receipt (receipt), or other document confirming payment for the Order and delivery;
- a copy of the shipment inventory;
- return form.
6. REPLACEMENT AND RETURN OF GOODS
6.1. The return of Goods of proper quality is possible within 7 (seven) days, not counting the day of purchase. The buyer can cancel the entire order, and it is not allowed to abandon some items. The integrity of the original packaging of the product must be preserved.
6.1.1. The Buyer's demand for replacement or return of Goods of proper quality is subject to satisfaction if the Goods were not in use, their consumer properties were preserved and there is evidence of their purchase from the Seller.
6.1.2. The list of goods that cannot be exchanged or returned for the above reasons is determined in accordance with the procedure established by law or other legal acts.
According to the Decree of the Government of the Russian Federation No. 55 dated 01/19/1998, perfumery and cosmetic products of proper quality are not subject to exchange or return within 14 days.
6.2. Return of Goods of inadequate quality.
6.2.1. The received Product must match the description on the Website. The difference between the design elements or design from the description stated on the Site is not a sign of improper quality.
6.2.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Buyer at the time of receipt of the Goods.
6.2.3. Upon delivery of the Goods, the Buyer puts his signature on the receipt for the Order, which confirms the full completeness and absence of claims to the quantity and appearance of the Goods.
6.2.4. After receiving the Goods, claims for external defects of the goods, their quantity, completeness and presentation are not accepted.
6.2.5. If the Goods of inadequate quality were transferred to the Buyer and otherwise was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Article 18 of the Law on Consumer Protection.
6.2.6. When returning the Product, the Buyer must send a letter to [email protected] and provide the order number and the reason for the refund.
6.2.7. The refund is made by bank transfer by transferring the appropriate amount to the bank account specified by the Buyer. The terms and procedure for returning the value of the Goods of inadequate quality are specified in clause 11.2 of this Agreement.
6.2.8. If the Buyer discovers defects in the product and submits a request for its replacement, the Seller is obliged to replace such Goods within 7 days from the date of submission of the specified requirement by the Buyer, and if necessary, additional quality control of such Goods by the Seller (examination) - within 20 days from the date of submission of the specified requirement.
7. RETURN OF GOODS OF INADEQUATE QUALITY
7.1. A product of inadequate quality is a product that has disadvantages and cannot ensure the fulfillment of its functional qualities. The difference between the design or design elements from those stated in the description on the site does not relate to the malfunction or non-functionality of the product.
7.2. In order to return the Goods of inadequate quality, the Buyer must:
- carefully pack the Product for return (with all components and a full set of accessories specified in the technical documentation for the Product) in the Seller's branded packaging;
- fill out a return application in 2 copies indicating which defect the returned Product contains;
- attach the completed application, as well as a copy of the identity document, and send them to the Seller. The shipping address must be specified to the Buyer by e-mail: [email protected] .
8. REFUND OF FUNDS
8.1. If the delivered Goods turned out to be of inadequate quality due to a manufacturing defect or damage during transportation, the Buyer has the right to return it or exchange it for a similar product of proper quality, provided it is in stock, as well as to demand gratuitous elimination of defects in the goods or reimbursement of expenses incurred by the Buyer to eliminate defects in the goods. If a similar product of proper quality is not in stock, the Buyer can return the product of inadequate quality, or wait for the necessary product to appear in stock.
8.2. Claims for the refund of the amount of money paid for the goods are subject to satisfaction within 10 days from the date of presentation of the relevant claim (Article 22 of the Law on Consumer Protection). The term for crediting funds to the Buyer's account depends on the terms established by the internal regulations of the relevant banks.
8.3. If there is a dispute about the causes of defects or the fact of the use of the Product and the preservation of its presentation, an independent examination of the Product will be carried out. The examination of the Goods is carried out within the time limits established by the Law on Consumer Protection to meet the relevant requirements of the Buyer. The Buyer has the right to participate in the quality control of the Goods and challenge the expert opinion in court.
8.4. The refund is made on the basis of a written application indicating the full name, details for the refund and only upon presentation of an identity document (passport) by transferring the appropriate amount to the bank account specified by the Buyer.
8.5. In case of cancellation/partial cancellation of the order initiated by the Buyer, the refund of the cost of the Goods is made with the mandatory provision by the Buyer of an e-mail indicating the payment details sent to info@[email protected] from the Buyer's email address specified when placing the order.
9. RESPONSIBILITY OF THE PARTIES
9.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties are responsible in accordance with the current legislation of the Russian Federation.
9.2. The Seller is not responsible for the improper use of the goods ordered by the Buyer on the Website.
9.3. The Seller is not responsible for the Buyer's losses resulting from:
- incorrect filling of the Order, including incorrect indication of personal data;
- illegal actions of third parties.
9.4. The Buyer is fully responsible for the accuracy of the information and personal data provided by him when placing an Order on the Website.
10. FORCE MAJEURE
10.1. The Parties are released from liability for full or partial non-fulfillment of obligations under the Agreement if the non-fulfillment of obligations was the result of acts of force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.
10.2. A Party that cannot fulfill its obligations under the Agreement must promptly, but no later than 3 (three) working days after the occurrence of force majeure circumstances, notify the other Party in writing, providing supporting documents issued by the competent authorities.
10.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure event.
11. DISPUTE RESOLUTION PROCEDURE
11.1. The Parties will try to resolve all disputes arising through negotiations. If an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.
11.2. The court's invalidation of any provision of this Offer does not entail the invalidity of the remaining provisions of the Offer.
12. INTELLECTUAL PROPERTY
12.1. All text information and graphic images posted on the neblednaya.shop website are the intellectual property of the Seller and/or its suppliers and manufacturers of the Goods, and are subject to legal protection.
13. DETAILS OF THE SELLER
INDIVIDUAL ENTREPRENEUR PETROSYAN TAMARA RAFAELOVNA
INN: 311404766012
R/C No.40802810301500456969
THE POINT OF PJSC BANK "FC OTKRITIE"
BIC: 044525999 K/S: 30101810845250000999
DESCRIPTION OF THE DATA TRANSFER PROCESS
For payment (entering your card details) You will be redirected to the YUKASSA payment gateway. The connection to the payment gateway and the transfer of information is carried out in a secure mode using the SSL encryption protocol. If your bank supports the technology of secure Internet payments Verified By Visa or MasterCard SecureCode, you may also need to enter a special password to make a payment. This site supports 256-bit encryption. The confidentiality of the personal information provided is ensured by SBERBANK PJSC. The entered information will not be provided to third parties, except in cases provided for by the legislation of the Russian Federation. Payments by bank cards are carried out in strict accordance with the requirements of the payment systems MIR, Visa Int. and MasterCard Europe Sprl. The refund of the transferred funds is made to your bank account within 5-30 business days (the period depends on the Bank that issued your bank card).
