Please read the text of this Public Offer carefully, if you do not agree with its terms in whole or in part - do not use the Site and refuse to purchase Products or use the services provided by the Seller.
Terms and Definitions
Acceptance - full and unconditional acceptance by the Buyer of the terms of the retail sale and purchase agreement set forth in the Public Offer for the Goods, carried out by placing an order and paying for it (in cases of payment using electronic means of payment).
Delivery - courier services for the delivery of orders to Buyers provided by the Seller or a third party who has an agreement with the Seller.
Order - a properly executed application (in any way specified in the Public Offer, indicating all the necessary information and performing all the necessary actions) for the purchase of Goods available from the Seller in stock or by prior order (application for Goods that will be produced in the future).
Buyer - any capable individual who has entered into an Agreement with the Seller in electronic form as a result of placing an order and, thereby, has received the right to receive the Goods for his personal, household and other needs not related to the implementation of business activities.
The seller is an individual entrepreneur Vladykina Ksenia Yurievna, TIN 502724945734, OGRNIP 317502700062807 (hereinafter - IP Vladykina K.Yu.).
Public offer (Agreement) - this document published on the information and telecommunications network "Internet", as well as sent for information purposes by e-mail or provided for information purposes in any other way, which is an official proposal of the Seller addressed to any capable individual (citizen ), conclude a retail sale and purchase agreement with him on the terms contained in the Public Offer.
Website / Online store - owned by the Seller, located in the information and telecommunications network "Internet", under the domain name freshdress-shop.ru, which is a set of computer programs that provide the publication of data about the Goods and services offered by the Seller to its Buyers for placing orders, as well as the terms of payment and delivery of these orders to Buyers.
Goods - garments offered for sale on the Site, produced under the commercial designation freshdress-shop.ru, differing in model, color, material, size.
1.1. In accordance with article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), this document is a public offer of the individual entrepreneur Vladykin K.Yu. and contains all the essential terms of the Agreement in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation).
If the conditions set out below are accepted, the Buyer places an order and pays for it (in cases where payment is made using electronic means of payment), which, in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, is an acceptance of the Public Offer and is considered equivalent to the conclusion of an Agreement on the terms set out in the Public offer.
1.2. The person who accepted the Public Offer acquires all the rights and obligations of the Buyer.
1.3. Acceptance of the Public Offer is a confirmation that all and any of its conditions are accepted by the Buyer in full without any reservations and restrictions, while the acceptance of the Public Offer confirms that the Buyer is familiar with all the terms of the Agreement, that the Buyer understands all the terms of the Agreement, that the Buyer used the right to receive from the Seller all and any clarifications regarding the terms of the Agreement, and also confirms that the terms of the Agreement fully comply with the will, needs and requirements of the Buyer.
Acceptance of the Public Offer means that it does not contain the conditions specified in paragraph 2 of Article 428 of the Civil Code of the Russian Federation, and also does not contain other conditions that are clearly burdensome for the Buyer, which the Seller, based on his reasonably understood interests, would not accept if he had the opportunity to participate in determining the conditions of the Public Offer, and the Goods specified in the Public Offer are not imposed on the Buyer.
2.1. The subject of the Public Offer is the conclusion between the Seller and the Buyer of the Agreement, according to which the Seller undertakes to transfer the Goods to the Buyer on the basis of the order, and the Buyer undertakes to accept and pay for the Goods on the terms specified in the Public Offer.
2.2 The name (type of product, model, article), price, quantity and other characteristics of the Goods are determined by the Buyer when placing an order from the options offered by the Seller.
2.3. Information about the Seller, the Goods, the conditions for their use, the procedure for the execution of the Agreement by the Seller, as well as the conditions for using the online store, is published on the Site.
2.4. The Seller sells the Products in accordance with the prices published on the Site.
3.1. Orders placed using the Site, as well as messages sent from the Buyer's contact email address, are considered equivalent to a document personally signed by the Buyer.
3.2. The order is placed by the Buyer in the following way:
- on the site ;
3.3. When placing an order, the Buyer undertakes to provide the following information about himself:
- surname, first name,
- delivery address;
- E-mail address;
- contact phone number (mobile).
3.4. When placing an order on the Site, the Buyer selects the Products (type, model, article, color, size, quantity) and places them in the shopping cart.
When placing an order in a different way, the Buyer chooses the Goods (type, model, article, color, size, quantity) and informs the Seller of his intention to purchase them.
3.5. Payment for the Goods by the Buyer is made by the Buyer using electronic means of payment when placing an order or in cash when receiving an order through a courier service.
3.6. When placing an order, a special form is filled out (by the Buyer personally or by the Seller according to the Buyer), which indicates information in accordance with clause 3.3 of the Public Offer, and other information that the Buyer deems necessary to bring to the attention of the Seller for the proper execution of the Agreement.
3.7. The buyer is fully responsible for the accuracy of the information provided when placing an order.
3.8. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
3.9. The contract is considered concluded from the moment of placing the order and issuing (sending) the sales receipt to the Buyer.
3.10. All information materials presented on the Site are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an order, he must contact the Seller for advice.
3.11. If the Buyer does not contact the Operator for advice, the Seller is not responsible for the Products selected by the Buyer.
3.12. Placement of orders through the Site is carried out daily within 24 hours.
4.1. The cost of the Goods under this agreement is indicated on the Site and can be changed by the Seller at any time unilaterally. The new cost takes effect from the moment of publication and does not apply to the Goods paid for by the time of publication.
The Buyer has the right to confirm or cancel the order for the purchase of Goods if the price is changed by the Seller after placing the order. In the absence of communication with the Buyer, the order is considered canceled within two calendar days from the date of registration.
4.2. When placing an order and paying using electronic means of payment, the Buyer pays for the Goods by filling out a special payment form and clicking the pay button.
4.3. When paying for the Goods, the Buyer is obliged to indicate all the required data in the order and payment form.
4.4. The Buyer is solely responsible for the mistakes that he made when paying for the Goods.
4.5. Security, as well as other conditions for using the payment method chosen by the Buyer, go beyond the scope of the Agreement and are governed by agreements with the relevant payment aggregators.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received to the Seller's bank account when making a non-cash payment.
Delivery of goods
5.1. The Seller is obliged to deliver the Goods to the place specified by the Buyer within the period specified in the Agreement. The time, place, address of delivery of the Goods, the Buyer indicates when placing an order. The specified data are valid for the duration of the Agreement.
5.2. Up-to-date information about delivery, including its methods and cost, is posted on the website in the "Delivery" section.
5.3. The Seller indicates the conditions and cost of delivery of the Goods on the Site, or informs the Buyer when placing an order in other ways specified in clause 3.2 of the Public Offer.
5.4. The Seller's obligation to deliver the Goods is considered fulfilled from the moment the Buyer signs the shipping documents.
The Seller is considered to have fulfilled his obligations under the Agreement at the time of the actual delivery of the Goods to the Buyer.
5.5. The ownership of the Goods and the risks of accidental damage and / or destruction of the Goods shall pass to the Buyer from the moment of the actual transfer of the Goods and the signing of the shipping documents upon delivery of the Goods to the Buyer.
5.6. The delivered Goods are transferred to the Buyer, and in the absence of the Buyer, to any person who has presented a document confirming the conclusion of the Agreement or the delivery of the Goods, or whose authority to accept the Goods is evident from the situation.
5.7. Information about the Goods is brought to the attention of the Buyer in the documentation attached to the Goods, on the labels, by marking or in another way, adopted for certain types of Goods.
5.8. The Buyer undertakes, upon receipt of the Goods, to check their completeness and appearance, the appearance of the container (packaging), to make sure that there are no obvious visible defects and obvious discrepancy between the delivered Goods and the description on the Site.
The seller is not responsible for defects arising after the transfer of the goods to the delivery service.
5.9. In the event of a discrepancy between the Goods and the order made, as well as in the event of defects in the Goods, the Buyer is obliged to immediately notify the Seller by phone 8 800 500 4884 or by e-mail email@example.com.
Rights and obligations of the parties
6.1. The seller is obliged.
6.1.1. Comply with the requirements of the legislation, including the protection of consumer rights and the protection of personal data.
6.1.2. Keep confidential information received from the Buyer.
6.1.3. To prevent attempts of unauthorized access to information and / or its transfer to persons not directly related to the execution of orders, to timely detect and suppress such facts.
6.2. The seller has the right.
6.2.1. Change the content, software, design of the Site interface, etc., as well as change and supplement the terms of the Public Offer unilaterally, at its discretion.
6.2.2. Transfer your rights and obligations to execute Orders to third parties.
6.3. The buyer is obliged.
6.3.1. Before placing an order, familiarize yourself with the Public Offer, information about the Products and other information for Buyers published on the Site.
6.3.2. Timely and in full provide the Seller with reliable information necessary for the conclusion and execution of the Agreement. In particular, in order to identify payments received from the Buyer, the Seller has the right to request personal data from him. If such information is insufficient or there are doubts about its reliability, the Seller has the right to suspend the execution of the Agreement by notifying the Buyer.
6.3.4. Timely and in full pay the cost of the ordered Goods.
6.4. The buyer has the right.
6.4.1. Require the Customer to fulfill their obligations in good faith.
6.4.2. Send claims for improper performance of the Agreement to firstname.lastname@example.org.
7.1. In accordance with paragraph 4 of Article 26.1. Law of the Russian Federation
No. 2300-I "On Protection of Consumer Rights" (hereinafter referred to as the Consumer Rights Protection Law), the Buyer has the right to refuse the ordered Products at any time before the order is executed.
For the Buyer to cancel the ordered goods, the Buyer contacts the Seller by phone 8 800 500 4884 or by e-mail email@example.com.
7.2. Up-to-date information on the return of Goods, including the procedure and terms, is posted on the website in the "Return" section.
7.3. The buyer has the right to refuse the ordered goods of good quality within 7 (seven) days from the date of transfer of the goods.
The return of a good quality product is possible if its presentation is preserved (including: branded packaging, factory labels, seals, labels, hygienic stickers), consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product.
It is impossible to return the Goods that were in the use.
7.4. The Buyer's absence of a document confirming the fact and conditions of the purchase of the Goods does not deprive him of the opportunity to refer to other evidence of the purchase of the Goods.
7.5. The term for processing and approving the return is 1-3 working days from the date of receipt of the Goods by the Seller.
7.6. In order to make a decision on the approval of the return, the Seller checks:
- safety of marking (presence of a tag on the seal, hygienic sticker);
- the safety of the packaging (the presence and integrity of the bag or zip-lock package);
- the safety of the presentation (including the absence of traces from decorative cosmetics, deodorant).
In case of non-compliance with the listed requirements, the purchased Goods are considered to have lost their presentation and are not subject to return.
7.8. After processing and approval of the return, the funds are transferred to the card from which the payment was made within 1 to 10 banking days.
Cash refunds (in case of payment using electronic means of payment) are not available.
7.9. If defects are found in the delivery of the Goods by courier, the Buyer has the right to return the Goods of inadequate quality and, at his option, demand from the Seller to replace the Goods of inadequate quality with a similar quality product, or to return the money paid for the Goods.
7.10. In case of finding in the order the Goods that do not correspond to the order, the Buyer has the right to demand to change these Goods for the corresponding order, or to withdraw from the Agreement and demand a refund for the paid and actually not received Goods.
7.11. If the Seller delivers the Goods of inadequate quality, the Buyer undertakes to provide the Goods at the disposal of the Seller as soon as possible to check the quality of the Goods by contacting the Seller at firstname.lastname@example.org.
7.12. In accordance with article 22 of the Law on the Protection of Consumer Rights, the amount paid by the Buyer for the Goods of inadequate quality is subject to return to the Buyer within 10 (ten) calendar days from the date of the relevant request.
7.13. The Buyer must provide the Seller with a request for the return of the Goods to the e-mail address email@example.com. The requirement can be made in free form with obligatory
8.1. All textual information and graphic images posted on the Site are the intellectual property of the Seller and / or its suppliers and manufacturers of the Goods.
8.2. Users of the Site are allowed to view the information and materials of the Site, solely for the purpose of personal non-commercial use, reproduce them in one copy (including by copying into the user's personal computer memory, printing a copy), quoting in the amount due to the purposes of citing, unless such use causes or may harm the interests of the copyright holder.
8.3. Users of the Site are prohibited from reproducing, distributing, communicating to the public, modifying, decompiling the code or otherwise processing in relation to the Site, and taking any other actions, except as expressly permitted by the Public Offer. It is prohibited to use any elements of the Site as part of other websites, other works in any form and in any way.
Responsibility of the parties
9.1. The parties are responsible for failure to comply with the terms of the Public Offer in accordance with the provisions of the Public Offer and the legislation of the Russian Federation.
9.2. The Seller provides Internet users with access to the Site and maintains the proper functioning of the Site, promptly restores its operability in the event of technical failures and interruptions. At the same time, the Seller does not provide guarantees for the uninterrupted operation of the Site and compliance with any terms for restoring the operability of the Site in case of interruptions in work due to failures in telecommunications and energy networks.
The Buyer can report cases of technical failures and errors that have occurred on the Site by e-mail: firstname.lastname@example.org.
9.3. The Seller is not responsible for non-fulfillment or improper fulfillment of its obligations due to unfair and / or malicious actions of third parties aimed at unauthorized access and / or disabling the software and / or hardware complex of the Site and the service serving it.
9.4. The parties are exempt from liability for partial or complete failure to fulfill obligations under the contract if this failure was a consequence of force majeure circumstances that arose after the conclusion of the contract as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures.
By force majeure circumstances (force majeure), the Seller and the Buyer mean fire, flood, earthquake, strikes and other natural disasters, war and hostilities, the entry into force of regulatory legal acts and acts of application of law that impede the fulfillment of obligations, forced urgent (not planned) hospitalization, documented, if the above circumstances are beyond the control of the Parties, hinder the implementation of this agreement and arose after the conclusion of this agreement.
10.1. In the event of any disagreements and disputes related to the fulfillment of the terms of this Agreement, the parties resolve them through negotiations.
10.2. If it is impossible to resolve disputes through negotiations, disputes are resolved in the manner prescribed by the legislation of the Russian Federation.
Personal data and their use
11.1. The Buyer gives his consent to the Seller to process his personal data, namely: name, surname, image, email address, contact phone number, accounts / in messaging programs and social networks.
11.2. The processing of personal data means the recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories for processing which, according to the current legislation of the Russian Federation, the written consent of the Buyer is required.
11.3. The processing of personal data is carried out in order to fulfill the Seller's obligations under the Agreement, to provide the Buyer with feedback when using the Site, as well as to send information and advertising messages to the email address specified by the Buyer.
11.4. The processing of the Buyer's personal data is carried out by the Seller using databases on the territory of the Russian Federation.
12.1. The seller has the right to unilaterally change the terms of the Public Offer by posting a new version of the Public Offer on the Site, at least 5 (five) days before the date of entry into force of the Public Offer in the new version. The provisions of the new edition of the offer become binding for all previously registered Buyers, if within the specified period they do not declare in writing their refusal to execute the Agreement in the new edition. If the Buyer refuses, the Agreement terminates from the moment of termination of the previous version of the Public Offer, and if there are unfulfilled obligations of the Parties on this date - from the date of full fulfillment of such obligations.
12.2. If, by a court decision, any provision of the Public Offer is recognized as invalid, the Buyer agrees that such provision will be deemed replaced by another provision that implements the original intentions of the parties (to the extent permitted by law). The invalidity of one or more provisions of the Public Offer does not entail the invalidity of the entire Public Offer or its other provisions.
IP Vladykina Ksenia Yurievna
Email address for correspondence: email@example.com