THE PUBLIC OFFER OF THE ONLINE STORE IZBA ROUGE
4th of November, 2016
Customer – any capable person who places orders and purchases goods from Individual entrepreneur Salimova Julia Vadimovna, which are presented on the website http://izbarouge.ru и http://izbarouge.com, for your personal, household and other needs not related to business activities.
Seller – Individual entrepreneur Salimova Julia Vadimovna, owner and operator of the website http://izbarouge.ru и http://izbarouge.com, incorporated under the laws of the Russian Federation, OGRN 311774635300540, the legal address: 69, Zelenograd, building 1540, Moscow, Russia, 124683.
Product – an object (a piece of clothing, accessory or other material value), submitted for sale on the Site.
Order – the order duly placed by the Customer (i.e. all fields required in the sections "Shopping Bag" and "Order check-out" are filled), addressed to the Seller for sale and delivery of the selected goods to the address specified by the Customer.
1. GENERAL CONDITIONS
1.1. The Site is owned and operated by Individual entrepreneur Salimova Julia Vadimovna
1.2. This Offer complies with Article 435 and Provision 2 of Article 437 of the Civil Code of the Russian Federation.
1.3. When ordering the Goods via the Site, as well as when placing the Order via the telephone, the Customer unconditionally agrees to the Terms and Conditions of sale of goods (“Terms and Conditions”) stated below.
1.4. The selling of Goods to the Client is regulated by The Federal Law №2300-1 from the 7th February 1992 “On Protection of Consumer rights”, Government Decree №612 from 27.09.2007 "On approval of the rules of the distant sale of goods", the Decree of the Government of the Russian Federation dated January 19, 1998 № 55 "On approval of sales of certain types of goods, the list of durable goods, which are not covered by the requirement of the buyer on gratuitous granting him on the period of repair or replacement of similar product of the list of non-food products of good quality that cannot be returned or exchanged for similar goods of other size , shape, dimensions, style, color or configuration".
1.5. The Seller has the right without any notice to change these Terms and Conditions. Changes to the Terms come into effect upon publishing them on the Website and shall apply to any orders made after publication.
1.6. By placing the Order on the website or by phone, the Customer accepts this Offer’s conditions without any exception and/or clauses.
1.7. All text information and Goods graphic presentation placed on the Website are the property of the Seller or its partner. Viewing the information or printing the pages of the Website is allowed for personal use only.
1.8. Site is designed for internet sales.
1.9. By registering in the site, the customer assumes the obligation to use the correct services and site services, as well as in the case of an order payment obligations and acceptance. The seller, in turn, undertakes to fulfil its commitments on the provision of services, and services, as well as the delivery and transfer of ownership of the Buyer paid for the goods on the terms of this Agreement.
2. INFORMATION ABOUT GOODS
2.1. All the information about the Goods is placed on the Website and is provided by the Seller.
2.2. A price on each position of Goods is indicated on the web-site of online store.
2.3. Cost of goods on the website does not include cost of delivery and customs duties.
2.4. All the distributed products are put into the civil circulation in a proper way and they do not violate any rights of the third parties.
2.5. To specify the information concerning the Good's qualities and characteristics before purchasing, the Customer can contact the Seller by phone number: +7 (499) 390 72 18 (Moscow), from 10 am till 8 pm (Moscow time).
2.6. The seller has the right to change the price without prior notice on the product. However, the seller has no right to change the price of the ordered goods in the sales order after the order has been received by Seller.
3.1. To place the Order the Customer must be registered on the Website. The Customer can do it on his own or with the help of our Customer Care service specialists.
3.2. The Customer agrees to provide the following information while ordering:
3.2.1. surname, name and middle name of the buyer or the person specified by him (the recipient)
3.2.2. delivery address (If delivery address is a Customer address)
3.2.4. phone number
3.3. The Name of the item, quantity, range, article, price of the goods specified in the "shopping bag" of the Customer, registered at the website.
3.4. If Seller needs more information, he may request it from the Customer. In case of not providing the information required by the Customer, the Seller is not responsible for the selected goods.
3.5. The Seller is not responsible for non-execution of the Order (or the delay in execution) due to inaccurate or incorrect information provided by the Customer.
4.1. The Order is placed on the Website by the Customer or with the help of our Customer Care specialist by phone.
4.2. The Customer can order goods through the web site 24 hours a day.
4.3. While placing an order independently or with the help of our specialists, the Customer agrees to transfer his personal information to the Seller and agrees on its processing by the Seller (as provided by the Section 11 of the offer) as well as processing the information concerning the Order or the Orders. The Customer agrees to respect the Terms of sale of goods by filling in the fields in the corresponding columns when placing the Order on the Website.
4.4. The Seller is not responsible for the incorrect information provided by the Customer when ordering.
4.5. The Customer is responsible for the accurate information provided when ordering.
4.6. The Seller is not responsible for the wrong choice of the characteristics of the goods or modifications ordered in the shop by the Customer.
4.7. Contract of purchase between the Seller and the Customer is deemed to be concluded from the date of issuing a payment receipt or other document confirming the payment of the goods by the Seller to the Customer.
5. ORDER ACCEPTANCE
5.1. Once the Order is checked-out, the Customer receives the information (to the specified e-mail) concerning the details of his Order, including the price of the goods, delivery fees, and other services fees (if these services are to be paid).
5.2. Orders placed on working days from Monday to Friday from 10:00 to 20:00 Moscow time are processed within 24 hours. Orders placed on weekends and holidays will arrive the next business day.
5.3. The Order is considered as accepted for the execution after the Customer receives an e-mail message on the e-mail address, specified in the registration form, confirming the acceptance of the Order and/or after the message, indicating the number of the Order, appears on the website page.
5.4. The Seller reserves the right to cancel the Customer's Order at the stage of the Order confirmation.
5.5. The Seller reserves the right to settle the Order details with the Customer by phone. In case of impossibility to contact the Customer within 3 (three) days, the Order is cancelled. If the Customer has already prepaid the order, the Seller must return the money using the bank details from which the payment was made.
5.6. Once the Order is checked-out, the Customer receives information concerning the delivery date which depends on the availability of the ordered Goods in the warehouse of the Seller and on the time required for Order processing and delivery.
5.7. In case of absence of the ordered goods on the Seller’s warehouse, the Seller shall contact the Customer by methods specified in the Order. The Buyer informs the Seller either on consent to accept the Goods in the amount available on the warehouse of the Seller, or on cancelling the missing Goods from the Order. In case of impossibility to contact the Customer or no non-receipt of the answer from the Customer within Two (2) days from the date of notification made by the Customer, the Order shall be canceled by the Seller in full measure, about this fact the Seller shall inform the Customer by sending an e-mail to the address provided during registration. If the Customer is made a prepayment, the monetary funds shall be returned by the Seller to the bank details from which the payment was made.
6. TERMS OF PAYMENT
6.1. The Goods' prices are specified on the Website are VAT-free and do not include the delivery costs and customs clearance fees.
6.2. The Seller has the right to change the Goods' price without any prior notification. However, the Seller has no right to change the price of the ordered Goods in the Customer’s Order after the Order has been accepted by the Seller in accordance with the paragraph 5.3. of these Terms and Conditions.
6.3. The Goods price shall be paid in RUB (VAT-free)
6.4. We accept the following payment methods:
- by credit card (Russian residence) – all payments are processed by LLC Non-bank Credit Organization “Yoo.Money”, and are fully secured
- by credit card (Russian non-residence / Worldwide) – all payments are processed by PayPal
- via the Customer's PayPal account
- by cash or credit card to a courier upon the delivery (acceptable for Moscow and the Moscow region)
- by transferring a payment on Individual entrepreneur Salimova Julia Vadimovna bank account while forming a special bank recipient on the web-site
6.5. When paying the order by the credit card, the Customer undertakes – in the event of the Seller's request – to provide a copy of two pages of the passport of a credit card holder – opening with a photo and a copy of a credit card on both sides (showing the last four digits) according to the rules of international payment systems in order to verify the identity of the owner and its eligibility to use the card.
6.6. The Seller reserves the right to cancel the Order paid by the credit card without giving any reason, in particular if the Customer refuses to present the necessary information stipulated by the terms of paragraph 6.5 (by e-mail in the form of scanned copies), including when there is doubt about their authenticity, within 14 days from the date of the Order checkout. The cost of the Oder will be returned to the card holder.
7. EXECUTION OF THE ORDER AND ITS DELIVERY
7.1. Delivery address specified while ordering the product. Seller is not responsible for faulty delivery/terms of order if the Customer specified incorrect information.
7.2. Terms of delivery are calculated individually, based on its weight and place of delivery.
7.3. By agreeing to the conditions of sale, the Customer agrees to pay for expedited delivery of the order, as well as sales taxes and customs duties, if applied to the order.
7.4. The Order delivery terms include order processing and delivery time.
7.5. The Seller delivers orders by the courier service. Delivery terms are specified in “delivery” section of this site.
The Customer is obliged to accept the Order within the agreed delivery terms.
The delivered Goods shall be transferred to the Customer, and in its absence – to any person who presents the Order confirmation or other document confirming the registration of delivery of the Goods.
7.6. To avoid fraud situations, the courier service has rights to ask for your document of identification, order number, item number and tracking number. We guarantee the confidentiality and protection of personal information of the recipient.
7.7. Check your order upon delivery to ensure that there are no visible signs of damaged.
7.8. If the order has gone lost during delivery because of delivery service fault, you will receive a full refund for the value of the order and delivery after the confirmation letter of missing package will be received from the courier service.
7.9. Product information is described in the technical documentation attached to the product on labels, by marking or different ways for special types of products.
7.10. The Seller tries to comply with the agreed time of delivery. The Seller is not responsible for any delay due to the unforeseen circumstances that occurred not by the Seller's fault and were impossible to foresee.
7.11. The Customer has the right to refuse from all of the ordered Goods or individual items (if the Order is not transferred for delivery to the courier service) at any time before it is transferred to the Customer (before signing the shipping documents), and within 14 days after the transfer of goods.
7.12. Try on the Goods.
In cases if the Orders are delivered to the address in Moscow and the Moscow region, not further than 50 km from the Moscow Ring Road, the Customer has an opportunity to open the Order in the presence of the courier and to try the Goods within no more than 30 minutes. The Order can contain up to three unique items * (in two sizes). If the Order contains several similar items of different sizes, the payment of each unique product is non-mandatory.
*A unique product means the product, which is different from other products in the Order by any of the characteristics, except for the size.
The number of goods in this order cannot exceed 6 items.
7.13. Upon the Order delivery, and after trying on the items, the Customer has the right to refuse any item from the Order without paying the price of this item.
7.14. Property in the Goods, the risk of accidental loss or damage pass to the Customer at the moment of acceptance of the Goods from a representative of the courier service, once the Customer paid the Order and signed the shipping documents.
7.15. Providing the Good, the Seller transfers all the information on the good, including the information on procedure and periods of return, the guarantee terms, and product care notification.
8. EXCHANGE AND RETURN
Exchange and return of the goods of proper quality are possible at any time before the good is delivered and within 7 calendar days after the delivery.
Exchange and return of the goods of proper quality can be made only if the specified goods were not in use, kept their marketable state, consumer properties, seals, manufactory labels and original packaging.
In case of arising of a dispute on causes of the defects or the fact of use of the goods and preservation of its marketable state, an independent examination of the goods must be conducted.
The Customer is not entitled to refuse the good of proper quality with its individual characteristics if the specified good may be used only by the Customer who purchased these good.
In the case of exchange, the returned Goods shall be borne by the Seller.
At the exchange of goods, the delivery of the new Order is carried out only when the Seller receives the previous Order.
8.2.1. To return the Good of proper quality (including by the reason of its exchange), the Customer agrees to pack the product carefully (together with all accessories and a full set of accessories, specified in the technical documentation of the Good), and to enclose the following documents:
- Letter with reason of exchange or return, including bank details in case of return
- Copy of passport (2nd and 3rd pages)
- Sales receipt
8.2.2. The Customer can return the Goods by using the courier or postal services with "door to door" delivery, sending the returned goods to the address: office #3, Maliy Kislovskiy lane 9/1, Moscow, Russia, 125009.
8.2.3. Here are the goods of proper quality, which may not be returned or exchanged for similar goods of other sizes, shapes, dimensions, style, color or configuration.:
- Lingerie and hosiery
- Silk and lace garments
- Personalized items
- The garments on sale
9. RETURNS OF THE GOODS OF INADEQUATE QUALITY
9.1. A product of inadequate quality is a product that has defects and cannot provide its functional qualities. The difference between the elements of design or decoration from those stated in the description on the website is not a malfunction or a product non-functionality.
9.2. To return the Good of proper quality (including by the reason of its exchange), the Customer agrees to pack the product carefully (together with all accessories and a full set of accessories, specified in the technical documentation of the Good), and to enclose the following documents:
- Letter with reason of return, indicating the defect of the returned Good, including bank details
- Copy of passport (2nd and 3rd pages)
- Sales receipt
and to send the above mentioned documents to the Seller by email and the original of these documents by the method specified in paragraph 8.2.2 of these Terms and Conditions.
10. MONEY RETURN
10.1. If the delivered Order proved to be of inadequate quality due to manufacturing defects or damage in transit, the Customer has the right to return or exchange it for a similar product of good quality, provided that it is available on the warehouse.
10.2. The requirements to refund the money paid for the goods must be satisfied within 15 days from the date of a correspondent claim. In case of return of the goods of inadequate quality, there shall be also refunded the cost of expedited delivery and the cost of return shipment if it has been paid by the Customer, Import Duty and Tax are not refundable. The Customer shall provide the original receipt or any other document, fixing the cost of delivery or of a return shipment of the Goods of inadequate quality. The period of remittance of the monetary funds on the Customer’s account depends on terms established by the internal regulations of the corresponding banks.
10.3. In case of arising of a dispute on the fact of use of the goods and preservation of its marketable state, an independent examination of the goods must be conducted.
10.4. In case if the Customer rejects the Goods and returns them via the courier services or by post, the money refund to the Customer will be processed via money transfer to Customer’s credit card or personal bank account no matter how the order was paid:
1) To the credit card used to pay for the Order
2) To the bank account, according to the details specified in the application for return
11. CONFIDENTIALITY AND CUSTOMERS’ PERSONAL DATA PROTECTION
11.1. During registration on the Website or the transfer of your data to our specialist by phone, the Customer provides Individual entrepreneur Salimova Julia Vadimovna with the following information: First name, Last name, e-mail address, gender, date of birth, phone number and address for Goods delivery. In case of return of the Goods, the Customer shall provide the Seller with the passport data and the details of a credit card. The Seller may use this information for execution of its obligations to the Customer. The Seller recognizes the importance of confidentiality of personal information, provided by the Customer.
By providing his personal information to the Seller, the Customer agrees on their processing by the Seller, including for execution of the Seller's obligations to the Customer within the conditions of this offer, for promotion of goods and services by means of sending of advertising information mailings, for realization of electronic and sms-polls, competitions and other promotion actions among the Customers, analysis of the results of marketing actions, customer support, statistical research, organization of the Order delivery, monitoring of Customers’ satisfaction with quality of services provided by the Seller.
People visiting our Website, as well as our Customers, agree that in order to fulfill the obligations to the Client, as well as to undertake the market research, to form the analysis reports and other marketing activities, the Seller can disclose the Client's personal data (including date of birth, e-mail address, social network accounts, purchase history, interests records etc.) to third parties in accordance with the Agreement signed with third parties, under condition of respecting the data protection (privacy) law of the Russian Federation.
The processing of personal data means any action, committed with or without the use of automation tools with personal data, including gathering, recording, systematization, accumulation, storage, specification (update, modification), extraction, use, transfer (including transfer to the third parties, not excluding cross-border data transmission, if the need in such transmission has arisen in the course of fulfilling the obligations to the Customer), depersonalization, blocking, deletion and erasure of personal data..
The Seller has the right to process personal data, including by sending to the Customer the correspondence of advertising character to the specified mailing addresses, by means of phone calls or sending sms-messages and messages through the internet messaging systems, and also by sending e-mails of advertising character to the email addresses, specified by the Customers.
The Customer may refuse to receive the newsletters, advertising, and other information without giving any reason by any of the following ways:
The Customer shall contact the Customer Care service by sending an e-mail message to the address email@example.com or
by contacting the specialists of the Customer Care service by phone +7 (499) 390 72 18
11.2. The Seller must not disclose any information received from the Customer. However, if the information was conveyed to the Seller's agents and the third parties, acting on the basis of an agreement with the Seller, is not considered as a violation, as this may be done in order to fulfill the Seller's obligations to the Customer.
11.4. The Seller has the right to record the telephone conversations with the Customer. At that, the Seller undertakes to: prevent unauthorized access to the information obtained in the course of telephone conversations, and/or transfer of such information to the third parties, which are not directly related to the execution of the Orders, in accordance with the paragraph 4 of the Article 16 of the Federal Law "On Information, Information Technologies and Information Protection".
12. OTHER CONDITIONS
12.1. The relations between the Customer and the Seller are governed by the law of the Russian Federation.
12.2. For any questions, please contact the Customer Care service:
- by telephone: +7 (499) 390 72 18, Monday to Sunday, 10 am – 8 pm
- Or by e-mail: firstname.lastname@example.org
Individual entrepreneur Salimova Julia Vadimovna
69, Zelenograd, building 1540, Moscow, Russia, 124683.
Settlement account: 40802810538000109493
Bank: PAO Sberbank
Correspondent account 30101810400000000225
Individual entrepreneur Salimova Julia Vadimovna operates these websites, https://www.izbarouge.com и https://www.izbarouge.ru (“IZBA rouge web-site”). Company registered in Russia and legal office address 69, Zelenograd, building 1540, Moscow, Russia, 124683. Company is committed to protecting your privacy. Individual entrepreneur Salimova Julia Vadimovna collects, stores and uses your personal data in accordance with Russian Federal Law “Personal data” and other applicable local laws.
Administration of the web-site (“web-site administration”) – authorized staff to manage the website, acting from the name of the organization that organizes and (or) performs the processing of personal data, and defines the objectives of processing personal data, the structure of the personal data to be processing, actions (operations) of personal data.
Personal data – any information relating directly or indirectly to an identified person (personal data subject).
Processing of personal data – any action (operation) or a set of actions (operations) performed with the use of automation equipment or without the use of such personal data, including data collection, recording, systematization, accumulation, storage, clarification (update, change) extraction, using, transfer (distribution, provision of access), depersonalization, blocking, deletion, personal data deleting.
Privacy of personal data – requirement that should be comply by operator or other users that have an access to the personal data of a person and does not prevent their proliferation without the consent of the subject of personal data or the availability of other legal bases.
Online Users of Site (“User”) – a person who has access to the web-site via the Internet and using IZBA rouge web-site.
Cookies – is a small data file that is placed on your web browser, or your computer or device, when you access and/or use a web site, which stores text that can later be read back by our Web server and third parties.
IP-address – a unique network address of computer network, built on IP.
1.4. The website administration does not verify the evidence of personal data provided by users of the web-site.
- Surname, Name and Middle name of the User
- Phone number
- Delivery address of the goods
- User location
2.3. IZBA rouge web-site protects information that is automatically transmitted in the process of advertising viewing units by visiting the pages that are running the statistic system of the script ("pixel"):
- IP address
- Information from the cookies
- Information about the browser (or other program that provides access to view advertising)
- Access time
- Address of the page with advertising unit
- Referrer (the address of the previous page)
2.3.1. Turning off the cookies may cause the inability to website access, where authorization is required.
2.3.2. IZBA rouge web-site collects statistic about IP-addresses of its visitors. This information is used to identify and solve technical problems, to control the legality of payments.
3. PURPOSE TO COLLECT PERSONAL DATA
3.1. IZBA rouge web-site Administration can use your personal data to:
3.1.1. Identification of Users, registered on IZBA rouge web-site to order and (or) to enter into the sale contract by internet sales with IZBA rouge web-site.
3.1.2. Giving users an access to personalized resources of IZBA rouge web-site.
3.1.3. Establishing a feedback with users, including the sending of notifications, requests that concerned using IZBA rouge web-site, services, processing of requests and orders from users.
3.1.4. The location of the User to prevent fraud.
3.1.5. Confirmation of reliability and completeness of the personal data provided by users.
3.1.6. Create a new account to make purchases if the user has agreed to the creation of the account.
3.1.7. Information of the order status for users of IZBA rouge web-site.
3.1.8. Processing and obtaining payments
3.1.9. Provision of effective customer and technical support in case of problems related to the use of IZBA rouge web-site.
3.1.10. Providing to user all product updates, special offers, pricing information, newsletters and other information of the IZBA rouge web-site or the web-site partners.
3.1.11. Implementation of promotional activities with the consent of the User.
3.1.12. Giving users access to the sites or IZBA rouge web-site partners to produce products, updates and services.
4. METHODS AND TERMS OF PERSONAL DATA PROCESSING
4.1. Personal data of the User is processing without limitation, by any legal means, including information systems of personal data using automation tools or without the use of such funds.
4.2. You agree that the Site Administration has the right to transfer personal data to third parties, such as delivery services, postal organizations, telecommunications operators, solely for the purposes of the order of the User, issued on IZBA rouge web-site, including the delivery of the goods.
4.3. User's personal data may be transferred to the authorized bodies of state power of the Russian Federation only on the grounds and in the manner established by the legislation of Russian Federation.
4.4. In case of loss or disclosure of personal data the Site administration informs the user about the loss or disclosure of personal data.
4.5. The Administration takes organizational and technical steps to protect personal information from unauthorized User or accidental access, destruction, modification, blocking, copying, distribution, and other illegal actions of third parties.
4.6. Administration of this site and the User shall take all necessary steps to prevent the losses or other negative consequences caused by the loss or disclosure of personal data of the User.
5. OBLIGATIONS OF THE PARTIES
5.1. User is obliged to:
5.1.1. Provide personal data for IZBA rouge web-site usage, if necessary.
5.1.2. Update, add the information provided on the personal data in case of a change of this information.
5.2. The Administration is obliged to:
5.2.3. Take security measures to protect the confidentiality of personal data of the User pursuant to the procedure normally used to protect this kind of information in existing business practices.
5.2.4. To carry out the blocking of personal data relating to the respective user, since the appeal or request the User or his legal representative or authorized body for protection of the rights of subjects of personal data for the inspection period, in case of false personal data or misconduct.
6. RESPONSIBILITY OF THE PARTIES
6.2. In case of loss or disclosure of confidential information, site administration is not responsible, if this information is confidential:
6.2.1. Became the public domain prior to its loss or disclosure.
6.2.2. Was obtained from a third party prior to its receipt by the Administration site
6.2.3. Was disclosed with the consent of the User.
7. DISPUTE RESOLUTION
7.1. Before applying to the court for disputes arising from the relationship between the users of the website online store and the Administration site, it is mandatory to show the claim (written proposal for voluntary settlement of the dispute).
7.2. The recipient of the claim within 30 calendar days from the date of receipt of the claim, notify of the in writing of the outcome.
7.3. When you do not have an agreement of the dispute, it shall be referred to the judicial authority in accordance with applicable Russian legislation.
8. ADDITIONAL TERMS