1. TERMS AND DEFINITIONS:
1.1. In this offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part of it:
Seller - Individual Entrepreneur Tikhomirova Anastasiia Sergeevna (INN 673 203 34 17 00).
IP Tikhomirova Anastasiia Sergeevna
INN 673203341700/OGRNIP 317673300046506
Legal address: 214000, Smolensk city, Kommunisticheskaja Street 22, suite 55
Phone: + 7 951 693 88 83
Customer - person over the age of 18, that places Orders on the Website, or is indicated as the Recipient of the Goods and uses the Goods purchased on the Seller's Website, solely for personal, family, household and other needs not related to business activities.
The terms of this Agreement do not apply to individual entrepreneurs and legal entities acquiring the Goods for provision and use in business activities.
Online store - the official online store of the Seller, located at www.tikhomirovaapparel.com
Within the framework of this agreement, the concepts of the Online Store and the Store are equivalent and are treated equally.
Website - the official page of the Seller's online store on the Internet.
Product - an object of agreement between the parties, a list of assortment items presented in the official online store.
Order - a duly executed request of the Customer for delivery to the specified address of the Goods selected by the Customer on the Site.
Preorder - the Seller's Products marked "Preorder" in the Product description card are sent by the Seller to the customer's address within 14 (fourteen) calendar days from the moment the Seller confirms the Order (excluding delivery times). Goods with this mark are not in the Seller's warehouse, their production is carried out by the Seller after the Order is placed by the Customer.
Personal data - information, by the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data" and the Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection", voluntarily and knowingly provided by the Customer, when placing an order in the online store and necessary for the execution of the Customer's order by the online store.
The online store, which processes the personal data of the Customer as necessary, has taken sufficient organizational and technical measures to protect personal data from unauthorized or accidental access to them or their destruction, modification, blocking, copying, distribution, as well as from other illegal actions.
Protection of personal data - measures taken by the Seller when processing the personal data of the Customer for the purpose of statistical processing, marketing research, improving the efficiency of servicing each Customer, providing exclusive information about special offers and new products.
Promo code - a special code with an expiration date that provides a discount on all Products or a specific group of Products. To receive a discount, the promotional code must be entered in a special field in the "Basket" of the Customer when placing an Order.
2. GENERAL PROVISIONS:
2.1. This public offer (hereinafter referred to as the Agreement) is an official offer of the Individual Entrepreneur Tikhomirova A.S. addressed to any person with legal capacity and the necessary authority, to enter into a contract for the sale of the Goods on the terms specified in this offer and contains all the essential terms of the Contract.
2.2. This offer in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation is a Public Offer (hereinafter referred to as the Agreement, Offer, Public Offer). Placing an Order for the Goods presented on the Seller's Website in the manner and under the conditions established in this Agreement by the Customer is considered as a full and unconditional acceptance of the terms of this offer.
2.3. The agreement concluded on the basis of the Customer's acceptance of this offer is an accession agreement to which the Customer joins without any exceptions and / or additional provisions.
2.4. The Customer who has made the purchase of the Goods in the Seller's online store (placed the Order) is considered as a person who has entered into a relationship with the Seller on the terms of this Agreement.
2.5. The information and materials presented on the Site are for reference only and may not fully convey reliable information about the properties and characteristics of the Goods. If the Customer has questions regarding the properties and characteristics of the Goods ordered by them, they must contact the Seller for additional information.
2.6. The delivery times, costs, availability in the Seller's warehouse and other information relating to the Goods indicated on the Site are for reference only and do not imply any legal consequences for any of the Parties.
2.7. The actions of the Customer, placing an Order, during and / or after the implementation, which determines any additional conditions (payment procedure, method / method of delivery, delivery address, packaging requirements, etc.), constitutes a counter offer, which is subject to acceptance by the Seller in accordance with Art. 443 of the Civil Code of the Russian Federation.
2.8. 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" dated February 7, 1992 No. 2300-1, Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463 "On Approval of the Rules for the Sale of Goods under a Retail Purchase Agreement, a list of durable goods that are not subject to the consumer's requirement to provide them with a product with the same basic consumer properties free of charge for the period of repair or replacement of such a product, and a list of non-food products of good quality that are not subject to exchange, as well as on making changes to certain acts of the Government of the Russian Federation" and other legal acts adopted in accordance with them.
2.9. The Seller reserves the right to make changes and / or additions to the terms of this Agreement by adding such changes and / or additions to the text of the Agreement itself with further posting on the Site. The Customer is supposed to regularly monitor changes / additions to the terms of this Agreement posted on the site in the "Offer" section. Continued use by the Customer of the site services after the Seller makes changes/additions to this Agreement means the unconditional and full acceptance and consent of the Customer with such changes/additions.
2.10. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement.
3. SUBJECT OF THE AGREEMENT AND THE PRICE OF THE GOODS:
3.1. The Seller transfers, and the Customer accepts and pays for the goods on the terms specified in this agreement.
3.2. The prices for the Goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the Internet store.
3.3. The price of the goods is indicated in rubles of the Russian Federation.
3.4. The offer to conclude a contract for a specific product is valid for the period the product is on the Seller's Website, subject to the availability of this product in the Seller's warehouse.
3.5. The information indicated on the Site regarding the availability of the Goods is approximate and reflects only the possible availability of the Goods in the Seller's warehouse at the time of registration, confirmation, and the beginning of the completion of the Order, and therefore does not have any legal consequences for any of the Parties.
4. ORDER PROCEDURE:
4.1. To purchase the Goods from the Seller, the Customer fills out the Goods Order form in the online store (on the Seller's Website). The Order Form contains mandatory information, in the absence of which the Order cannot be placed.
4.2. The Order is completed by its confirmation by the Customer. Confirmation of the Order is the acceptance by the Customer of the Seller's offer to conclude an agreement for the retail sale of goods remotely on the terms of this Agreement.
4.3. Within 2 (two) working days from the date of placing the Order on the website, the Seller confirms the placement of the Order by contacting the Customer by phone or e-mail, this confirmation of the Order by the Seller is an acceptance of the Customer 's counter offer sent in accordance with clause 2.7 of this Agreement .
Goods presented on the Site, not marked "Pre-Order", are sent by the Seller to the Customer's address within 3 (three) working days from the moment the Seller confirms the Order (excluding delivery times).
Goods presented on the Site, marked "Pre-Order", are sent by the Seller to the Customer's address within 14 (fourteen) calendar days from the moment the Seller confirms the Order (excluding delivery times).
4.4. The Customer is responsible for the content and accuracy of the information provided when placing the Order (filling out the Order Form on the Website).
4.5. The picking of the Order begins by the Seller after its confirmation and verification of the availability of the Goods in the warehouse / the possibility of its production (for Goods marked "Pre-order").
The maximum period for completing the Order is determined in accordance with this Agreement. The Seller does not guarantee that the Order will be completed within the maximum period set for picking, including for reasons beyond the control of the Seller.
4.6. The Seller does not guarantee the Customer the availability of the Goods ordered on the Website at the time the Order is completed.
4.7. The Customer hereby agrees that in the event that at the time of the formation of the Order by the Seller it is revealed that it is impossible to complete the Order of the Customer within the time limits specified in clause 4.3 of this Agreement, the Seller shall contact theCustomer to clarify the subsequent procedure:
a) Sending to the Customer a part of the Order, consisting of the Goods available in the Seller's warehouse (not marked "Pre-order"), or consisting of the Goods, the production of which is possible within 14 (fourteen) calendar days (Goods marked "Pre-order "), and the return of the cost paid by the Buyer for the Goods, the delivery / production of which is impossible;
b) Cancellation of the entire Order in full with the subsequent return to the Customer of the amount paid when placing the Order.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES:
5.1. The seller is obliged:
5.1.1. From the moment of conclusion of this Agreement, fully ensure all obligations to the Customer in accordance with the terms of this Agreement and current legislation. The Seller reserves the right to default on obligations under the Agreement in the event of force majeure circumstances.
5.1.2. Process the personal data of the Customer and ensure their confidentiality in the manner prescribed by applicable law.
5.2. The seller has the right:
5.2.1. Record telephone conversations with the Customer. In accordance with paragraph 4 of Art. 16 of the Federal Law "On Information, Information Technologies and Information Protection" the Seller undertakes: to prevent attempts of unauthorized access to information and / or transfer of it to persons who are not directly related to the execution of Orders; timely detection and suppression of such facts.
5.2.2. Without agreement with the Customer, transfer his rights and obligations to fulfill the Agreement to third parties.
5.3. The Customer is obliged:
5.3.1. Before the conclusion of the Agreement, familiarize themselves with the content and terms of the Agreement, the prices for the Goods offered by the Seller in the online store.
5.3.2. In fulfillment by the Seller of its obligations to the Customer, the latter must provide all the necessary data that uniquely identifies them as the buyer and sufficient to deliver the Goods ordered.
5.3.3. Pay for the ordered Goods on the terms of this agreement.
5.3.4. In order to avoid disputes, when placing an Order, read the information offered by the Seller on the Website of the Internet store, in particular, but not limited to the sections: Payment and Delivery, Return of Goods.
6.1. The price of the Goods is indicated on the Site in rubles of the Russian Federation and includes the cost of delivery of the Order across the territory of the Russian Federation using the transport company chosen by the Seller. The price of the Goods indicated on the website can be changed by the Seller unilaterally at any time. The price of the Goods already ordered by the Customer is not subject to change.
6.2. The Customer can pay for the Order via:
- Payment by bank card using the payment widget of PJSC Sberbank (when paying for an order using a bank card, as well as when entering information about the card owner and its number, the data and the payment itself are processed through secure channels, no commission is charged);
- Payment for the Order can be made with MasterCard and VISA cards issued in Russia, or with a MIR payment system card issued by any bank anywhere in the world.
7. DELIVERY OF GOODS:
7.1. Delivery of the goods to the Customer is carried out at the address specified by the Customer in the Order form. Delivery times are set by the Seller and may be changed unilaterally.
7.2. To deliver the Goods to the address specified by the Customer, the Seller uses the services of a courier/transport company.
7.3. If the delivery is made on time, but the Goods were not transferred to the Customer due to his fault, the subsequent delivery is not made, and the Order is canceled.
7.4. The ownership of the Goods passes to the Customer at the time of acceptance of the Goods, subject to signing the documents on receipt of the order and payment of the full cost of the Goods.
7.5. The Customer is obliged to accept the Goods in terms of quantity, name and quality at the time of receipt of the Goods by checking its integrity and completeness in accordance with the documents for the Goods.
7.6. Only the person, that placed an order, has the right to receive it. At the time of acceptance of the Order, the Customer is obliged to confirm his identity by presenting the courier with a passport or other document confirming his identity.
7.7. The courier has the right not to transfer the Order to the Customer in the following cases:
- The person who receives the Order has not provided an identity document;
- The Order is accepted by another person than specified in the Order;
- The person who accepts the Order is under the age of majority or incapacitated;
- In other cases provided for by law, this Agreement or other documents, including those that are guided by the courier service.
If the Courier does not transfer the Goods to the Customer for the above reasons, the Order is returned to the Seller and canceled.
7.8. The purchase of the Goods with delivery does not give the Customer the right to demand the provision of the delivery service of the Goods in case of a need for warranty service, replacement or return of the Goods.
7.9. The risk of accidental loss or accidental damage to the Goods passes to the Customer from the moment the Goods are transferred to them at the signing of the documents confirming the delivery of the Order (invoice, cash receipt).
8. RETURNS AND EXCHANGES:
8.1. The Customer has the right to refuse the ordered goods without giving a reason at any time: before it is received, at the time of delivery of the goods by the courier, and after receipt - within 14 calendar days. Return or exchange of goods is possible when: its presentation (packaging, seals, labels), consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods (sales receipt or cash receipt) are preserved. Goods of proper quality are not subject to return, in accordance with the Decree of the Government of the Russian Federation of January 19, 1998 N 55.
8.2. Return of goods is carried out through the delivery service of the Seller, for this it is necessary:
- Contact the Seller by phone: + 7 951 693 88 83; or by e-mail to firstname.lastname@example.org
- Fill out the return application enclosed by the Seller in the box with the Goods. If there is no application in the box with the Goods, inform the Seller about it and receive an electronic copy of the application from them.
- Attach a sales or cash receipt of the order to the application for return.
- Return (delivery) of Goods of good quality is at the expense of the Buyer.
- Return (delivery) of Goods of inadequate quality is at the expense of the Seller.
8.3. Claims for the return of the amount of money paid for the goods are subject to satisfaction within 10 days from the date of presentation of the corresponding requirement (Article 22 of the Law of the Russian Federation "On Protection of Consumer Rights"). Refunds are made to the bank account specified by the Customer in the application.
9. PROCEDURE FOR SUBMISSION OF CLAIMS:
9.1. If the Goods are transferred to the Customer in violation of the terms of the Agreement on the quantity, assortment, quality, completeness, container and (or) packaging, the Customer has the right not to accept the Goods. After acceptance of the Goods and signing of the delivery note, claims are not accepted by the Seller , except for claims related to defects in the Goods.
9.2. The Customer has the right to present claims to the Seller regarding the defects of the Goods, if they are found within the warranty period of 60 (sixty) calendar days from the date of acceptance of the Goods, established by the current legislation.
9.3. In the event of a dispute about the causes of defects, the Seller or the Customer has the right to conduct an examination of the Goods. In the event that an examination carried out at the expense of the Seller establishes that the defects arose due to circumstances for which the Seller (manufacturer) is not responsible, the Customer undertakes to reimburse the cost of such an examination to the Seller.
9.4. The Seller and the Customer shall aim to settle all disputes out of court. If the Customer has any claims, they may submit or resolve them as follows:
- By email;
9.5. The Seller will consider the Customer's appeal (claim) within the time limits established by the current legislation of the Russian Federation on consumer protection.
9.6. If it is impossible to resolve the dispute out of court, the dispute will be referred to the court in accordance with the current legislation of the Russian Federation.
10. FORCE MAJOR EVENT:
10.1. Any of the Parties is released from liability for full or partial failure to fulfill its obligations under this Agreement, if this failure was caused by force majeure circumstances that arose after the signing of this Agreement. "Force Majeure Events" means extraordinary events or circumstances which such Party could not have foreseen or prevented by the means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign government agencies, as well as any other circumstances beyond the reasonable control of any of the Parties .
10.2. Changes in the current legislation or regulations that directly or indirectly affect any of the Parties are not considered as Force Majeure Events, however, in the event of such changes that prevent any of the Parties from fulfilling any of its obligations under this Agreement, The Parties are obliged to immediately decide on the procedure for working to eliminate this problem in order to ensure the continued execution of this Agreement by the Parties.
11. RESPONSIBILITIES OF THE PARTIES:
11.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.