Proposal on the procedure for selling goods remotely in the online store aya-brand.com (in accordance with the Rules for selling goods remotely)
1. Terms and Definitions
1.1 Online store (Site) - Seller's trading platform located on the Internet at aya-brand.com, where goods are sold remotely.
1.2 Order - Buyer's duly executed request to Seller to conclude a contract for retail sale of Goods
1.3 Seller - ISP Sturua Georgy Teymurazovich
Address: 119019 Moscow, per. Bolshoi Afanasyevsky, 15 sq 14
Passport 4505 594414
Issued by 60 police department of Moscow
Settlement account: 40802810202390000675
Alfa-Bank JSC of Moscow
Cor. account 3010181020000000593
1.4 Buyer (Customer) - a visitor of the Site who has placed an Order in the Online Store;
1.5 Goods - goods submitted for sale on the Site.
1.6 Delivery Service - the third party providing services for delivery of orders to customers under the contract with the Seller.
1.7 Promotion - an event aimed at increasing sales volumes, attracting consumer attention to products, carried out in accordance with the rules posted on the Site, and limited in time.
2. General provisions
2.1 This offer, as well as information on the goods presented on the website, are a public offer in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation.
2.2 The provisions of the Civil Code of the Russian Federation on retail sale (§ 2 chapter 30), as well as the Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Protection of Consumer Rights" and the Decree of the Government of the Russian Federation dated 27.09.2007 N 612 "On Approval of Rules for the Sale of Goods by Remote Means" and other legal acts adopted in accordance with them shall apply to the relations between the buyer (client).
2.3 The Seller shall sell the Goods via the online store to any Buyer who has issued the Order under the terms of this offer.
2.4 This offer shall be deemed accepted by the Buyer from the moment of the first Order on the Site (using registration on the Site as a permanent buyer of the Seller or without such registration, including at checkout of the Order through the operator).
2.5 The Retail Sale Agreement shall be deemed to have been concluded from the moment the Seller issues to the Buyer a cash or commodity check or other document confirming payment of the goods.
3.Registering and Ordering
3.1 The Order may be executed by the Customer through the operator by telephone or independently through the Order form on the Site.
3.2 Registration on the Site is not mandatory for the Order. The Buyer may, of its own free will, complete the registration procedure on the Site for access to additional options of the personal account (history and tracking of orders, receipt of information about the Seller's Shares, etc.).
3.3 When registering on the Site, the Customer shall provide information about himself: name, e-mail address and password for access to the Site, other information shall be specified at the discretion of the Buyer.
3.4 The Seller shall not be responsible for the accuracy and correctness of the information provided by the client when registering on the Site and/or completing the Order.
3.5 The Client undertakes not to inform third parties of the login and password specified when registering on the Site. If the Customer has any suspicions regarding the security of his login and password or the possibility of their unauthorized use by third parties, the Customer shall promptly notify the Seller.
3.6 Upon checkout, the customer is provided with information on the expected date of delivery of the order to the delivery service. The specified date depends on the availability of the ordered goods in the Seller's warehouse and the time required to process the order and the rules of the delivery service. The expected date of delivery of the Order to the Delivery Service shall be communicated to the Buyer by e-mail or by call to the Buyer. In case of disagreement with the planned delivery date, the Buyer shall notify the Seller of the cancellation of the Order.
3.7 If the Goods ordered by the Buyer are not available from the Seller, the Order in relation to this Goods shall be cancelled, which the Buyer shall be notified by means of an information message at the e-mail address indicated at registration, or to the telephone number of the Client or by call of the operator.
3.8 The Seller may cancel the Customer's Orders if there is reason to believe that the Customer does not intend to purchase the Goods or has provided false information (the Client has already issued and has not received other orders totaling 100,000 Rubles, three times or more the Client refused to receive the Goods under the placed Order for reasons not related to deficiencies in the Goods, or the Client was absent at the delivery address or did not answer the calls of the delivery service, etc.).
4.1 Methods of delivery of goods are specified on the Site in the corresponding section. The obligation of the Seller to deliver the goods to the Buyer shall be deemed fulfilled at the moment of delivery of the Goods to the Recipient or at the pre-agreed point of self-delivery.
4.2 Delivery of the Goods to the Buyer's location shall be carried out by means of the delivery service assigned by the Seller to the address specified by the Buyer. Upon acceptance of the Order from the delivery service, the Buyer shall inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. In the absence of claims against the delivered Goods, the Recipient shall sign in the delivery receipt or other similar document provided by the delivery service and pay for the Order (in the absence of prepayment). The signature in the delivery documents indicates that no claims against the Goods have been made by the recipient and the Seller has fully and properly fulfilled its obligation to transfer the Goods.
4.3 The Order shall be delivered to the Buyer either to the recipient appointed by him or to the person who provided the document confirming the Order and paid for the Goods (if there is no advance payment). For the avoidance of fraud, an identity document may be requested from the recipient when the prepaid Order is delivered. In the absence of this document or if the information specified in it does not match the details of the order or the Buyer's data, the transfer of this Goods may be refused.
4.4 Non-receipt of the Order by the Customer during the reservation period stipulated for the corresponding self-delivery item shall be considered as its refusal to Order and shall be the basis for cancellation of the order by the Seller and return of funds to the Customer (if there is a prepayment).
5. Payment of goods
5.1 The price of the Goods is indicated on the Website in rubles of the Russian Federation.
5.2 The price of the Goods and the final amount of the Order, taking into account all applicable discounts, shall be specified at the Order checkout stage and valid at the time of clicking on the "Confirm Order" button. The price for the Goods ordered by the Customer (except for pre-ordered Goods) is not subject to change.
5.3 The Order shall be subject to the method of payment chosen by the Buyer at checkout of the Order from the options offered by the Seller on the Site.
5.4 If the Goods are prepaid, the Order shall be accepted for processing only after the funds have been credited to the Seller's settlement account. At the same time, the Goods are not reserved, and the Seller does not guarantee the availability of the goods at the time of payment. If the Goods cannot be delivered within the timeframe specified at the checkout of the Order and the Customer does not agree with the extension of the delivery time of the Order.
6. Return item and money
6.1. The Seller shall return the Goods sold in accordance with the following return terms.
6.2. Return of Goods of proper quality
6.2.1. The Buyer shall have the right to refuse the ordered Goods at any time prior to receipt of the Goods, and after receipt of the Goods - within 14 (fourteen) days in the retail store, and 7 (seven) days (the online store), excluding the day of purchase, except for the Goods made to order, on creative assignment approved by the User, the Buyer. Return of Goods of proper quality is possible if its commercial appearance, consumer properties are preserved.
6.2.2. If the Buyer refuses the Goods, the Seller shall return to the Buyer the value of the returned Goods, with the exception of the Seller's expenses related to delivery of the returned Goods by the User, the Buyer, within 10 days from the date of receipt of the returned Goods to the Seller's warehouse together with the application for return of funds completed by the Buyer.
6.2.3. If at the time of the User's appeal, the Buyer does not have similar goods on sale with the Seller, the Buyer may refuse to fulfill this Public Offer and demand a refund of the amount paid for the specified Goods. The Seller shall return the money paid for the returned goods within 10 days from the date of return of the Goods.
6.3. Return of improper Goods:
6.3.1. An improper quality product means a product that is faulty and cannot ensure the fulfillment of its functional qualities, does not meet the requirements specified in the creative task (when making goods to order). The Goods received shall be as described on the Site. The difference of design or design elements from the description stated on the Site is not a sign of inadequate quality.
6.3.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, shall be checked by the Recipient at the time of delivery of the Goods.
6.3.3. Upon delivery of the Goods, the Buyer shall place its signature in the delivery receipt in the column: "The Order has accepted, complete, I have no complaints about the quantity and appearance of the goods," or in another similar document issued by the Seller, in the column providing for the Buyer to mark the absence of claims about the completeness, quantity and quality of the Goods. After receipt of the Order, claims for external defects of the goods, their quantity, completeness and appearance are not accepted.
6.3.4. If the Buyer has given the Goods of inadequate quality and otherwise has not been agreed in advance by the Seller, the Buyer shall have the right to use the provisions of Art. 18 "Consumer rights in case of defects in the goods" of the Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Consumer Rights Protection."
6.3.5. 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 claim (Article 22 of the Law of the Russian Federation "About Protection of Consumer Rights").
6.3.6. The funds shall be returned by returning the value of the paid Goods to the credit card indicated when ordering the Goods.
6.4. Return Methods:
6.4.1. Transport company, or postal service, at Buyer's request. The buyer sends the returned item with the declared value, without the payment. Parcels sent by the superimposed payment are not accepted for return. You must attach a completed return application to the package. You can download the return application form in the "Return" section
7.1. The Seller shall not be liable for damages caused to the Buyer due to improper use of the Goods purchased in the Online Store.
8. Personal Data Protection
8.1.The personal data of the User/Buyer shall be processed in accordance with the Federal Law "On Personal Data" No. 152-FZ.
8.2.When registering on the Site, the User shall provide the following information: Last Name, First Name, Patronymic, telephone contact number, e-mail address, date of birth, gender, delivery address of goods with ZIP code of the city.
8.3.By providing your personal data to the Seller, the Site Visitor/User/Buyer agrees to be processed by the Seller, including in order to fulfill the Seller's obligations to the Site Visitor/User/Buyer under this Public Offer, promotion by the Seller of goods and services, conducting electronic and sms surveys, control the results of marketing activities, customer support, organization of delivery of goods to Buyers, drawing prizes among Site Visitors/Users/Buyers, monitoring the satisfaction of the Site Visitor/User/Buyer, as well as the quality of services provided by the Seller.
8.4.Pod to personal data processing is understood as any action (transaction) or set of actions (transactions) performed with or without automation means with or without such means with personal data, including collection, recording, systematization, accumulation, storage, refinement (updating, modification) extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if necessary in the course of performance of obligations), depersonalization, blocking, removal, destruction of personal data.
8.5.The Seller shall have the right to send information messages, including advertising messages, to the User/Buyer's e-mail and mobile phone with his/her consent, expressed by means of his/her actions, which uniquely identify this subscriber and make it possible to reliably establish his/her will to receive the message. The User/Buyer may refuse to receive advertising and other information without explaining the reasons for the refusal by informing the Seller of his refusal by telephone, or by sending a corresponding statement to the Seller's email address.
8.7.The seller receives information about the Site visitor's IP address. This information is not used to identify the visitor.
8.8.The Seller shall not be liable for the information provided by the User/Buyer on the Site in public form.
8.9.The Seller may record telephone conversations with the User/Buyer. At the same time, the Seller shall: prevent unauthorized access to information obtained during telephone conversations and/or its transfer to third parties not directly related to the execution of Orders, in accordance with Clause 4 of Art. 16 of the Federal Law "On Information, Information Technologies and Information Protection"
9. Validity period of the Public Offer
9.1. This Public Offer shall take effect from the moment of its acceptance by the Site Visitor/Purchaser and shall be valid until the date of revocation of the Public Offer acceptance.
10. Additional Terms
10.1. The Seller may assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
10.2. The online store and services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons.
10.3. The provisions of Russian law shall apply to the relationship between the User/Buyer and the Seller.
10.4. In case of questions and complaints by the User/Buyer, the Buyer may contact the Seller by telephone or by other available means. The parties will try to resolve all disputes that arise through negotiations, if no agreement is reached, the dispute will be submitted to a judicial body in accordance with the current legislation of the Russian Federation.
10.5. The invalidation by the court of any provision of this Public Offer shall not result in the invalidity of the remaining provisions.