Legal status
Public offer
BASIC CONCEPTS
Buyer - an individual, a visitor to the Site who accepts the terms of this Agreement and places Orders in the equilibrium-clothing.com online store for the purpose of purchasing them for personal, family, household and other needs not related to business activities Seller - IE Nikiforov A. P.
Online store - an Internet site owned by the Seller, located on the Internet at equilibrium-clothing.com, which presents the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the Goods to Buyers. Website - equilibrium-clothing.com.
Product - footwear, clothing, accessories and other goods presented for sale on the Seller's Website, the description of which is present in the catalog of the online store Order - the Buyer's request sent in the Seller's form for the purchase and delivery to the address specified by the Buyer / through self-pickup of the Goods selected on the Website ...
1. GENERAL PROVISIONS
1.1. By ordering the Goods through the online store on the equilibrium-clothing.com website, the User agrees to the terms of sale of the Goods set forth below (hereinafter - the Terms of Sale of the Goods). These Terms of Sale of Goods apply to all types of Goods and services presented on the Site, as long as such offers with a description are present in the catalog of the online store.
1.2. Information about the Goods posted on the Site, including these Terms of Sale of Goods, is a public offer in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation. The Seller's offer to sell the Goods through the Internet store is valid for the entire time of posting information about the Goods on the Site.
1.3. The terms of sale of the Goods can be changed by the Seller unilaterally without notifying the Buyer. The new version of the Terms of Sale of Goods comes into force from the moment of its publication on the Site.
1.5. The public offer is recognized as accepted by the Buyer from the moment of its registration on the Site, or from the moment the Buyer places an Order without authorization on the Site. A retail sale and purchase agreement is considered concluded from the moment the Seller issues to the Buyer a cash or sales receipt or other document confirming payment for the goods. By informing the Seller of his e-mail and phone number, the Buyer agrees to the use of the specified means of communication by the Seller and third parties involved by him to fulfill obligations to the Buyers, as well as for the purpose of sending advertising and informational mailings containing information about discounts, promotions and other the Seller's events, on the transfer of the Order for delivery, as well as other information related to the fulfillment of the Buyer's obligations under this Public Offer.
2. REGISTRATION ON THE SITE
2.1. Registration on the Site is carried out using the "Registration" window.
2.2. Registration on the Site is not mandatory for placing an Order.
2.3. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
2.4 .. Communication between the Buyer and the Call Center operators and other representatives of the Seller must comply with the rules of etiquette. It is strictly forbidden to use obscene words, abuse, offensive language, as well as threats and blackmail, no matter in what form and to whom they are addressed.
3. GOODS AND ORDERING PROCEDURE
3.1. Photos of the Product are simple illustrations to it, containing its description and may differ from the appearance of a specific copy of the Product purchased by the Buyer. Descriptions / characteristics accompanying the Product do not claim to be exhaustive and may contain typographical errors. To clarify information on the Goods, the Buyer must contact the Customer Support Service.
3.2. In the absence of the Goods ordered by the Buyer in the Seller's warehouse, the Seller notifies the Buyer about this by sending an appropriate electronic message to the address indicated by the Buyer during registration (or by calling the Seller's Call Center operator) and agrees on further actions (the Seller has the right to exclude the specified Goods from the Order / cancel Buyer's order).
3.3. The Buyer is fully responsible for the provision of incorrect information, which entailed the impossibility of the Seller's proper performance of its obligations to the Buyer. 3.4. After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date by sending an email to the address specified by the Buyer during registration, or by phone. The manager serving this Order specifies the details of the Order, agrees the delivery date, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required for processing and delivery of the Order.
3.5. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager serving the Order, by e-mail or during a test call to the Buyer. The date of transfer of the Goods can be changed by the Seller unilaterally if there are objective, in the opinion of the Seller, reasons.
4. DELIVERY OF THE ORDER
4.1. The territory of delivery of the Goods presented on the Site is limited to the borders of the Russian Federation. The approximate terms and procedure for the delivery of the Goods are indicated on the Site in the section "General Delivery Rules". Specific delivery times can be agreed by the Buyer with the Call Center operator when confirming the order. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
4.2. Upon delivery, the Order is handed over to the Buyer or to a third party indicated in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible to receive the Order, paid by cash, by the above persons, the Order can be handed over to a person who can provide information about the Order (shipment number and / or full name of the Recipient) and pay its cost in full at the time of delivery of the Goods.
If the Buyer: (a) did not get in touch with the representative of the Courier Service; (b) was absent at the delivery address indicated by him at the time of delivery of the Order by the Courier Service; (c) refused the Order at the time of delivery or immediately after fitting, then such actions by the Buyer are considered his waiver of the retail sales contract concluded in accordance with these Terms of Sale of the Goods.
At the same time, the circumstances specified in paragraphs. (a) - (c) above are confirmed by the data of the Courier Service provided to the Seller in the form of delivery statuses of certain Orders, and the circumstances specified in clause (c) above may also be confirmed by the signature of the Buyer (his representative, including the current from the situation) in the delivery documents of the Order. In these cases, the Seller acts in accordance with the provisions of these Conditions of Sale of Goods, which govern the return of the Goods of proper quality to the Seller.
4.5. In order to avoid cases of fraud, as well as for the purposes of proper fulfillment of the obligation to deliver the Goods, upon delivery of the prepaid Order, the courier has the right to request an identity document of the Recipient, and also indicate the type and number of the document provided by the Recipient on the delivery slip. The Seller guarantees the confidentiality and protection of the Recipient's personal data.
4.6. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Order is transferred to him (or to the Recipient specified by him), which is confirmed by the signature of the Buyer (or the Recipient specified by him) in the documents on the delivery of the Goods. In the event that the Goods are lost before their delivery to the Buyer (the Recipient specified by him), the Seller shall refund the Buyer for the cost of the Goods and their delivery after receiving confirmation of the fact of the loss of the Order from the Courier Service.
4.7. The obligation of the Seller to transfer the goods to the Buyer is considered fulfilled at the time the courier delivers the Goods to the Recipient, which is confirmed by the issuance of a cash register and sales receipt (when paying to the courier), signing the Delivery and Acceptance Certificate of the Goods (in case of prepayment using a bank card or bank transfer).
4.8. When accepting the Goods from the courier, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness, as well as the integrity of the packaging and the absence of external defects. In the absence of claims to the delivered Goods, the Recipient signs the Delivery and Acceptance Certificate of the Goods and pays for the Order (if there was no advance payment for the Goods). The signature in the delivery documents indicates that no claims to the Goods have been made by the Recipient and the Seller has fully and properly fulfilled his obligation to transfer the Goods. After receiving the Order, claims for external defects of the Goods, their quantity, the range of completeness and presentation are not accepted. If, upon acceptance of the Goods, the Recipient tried it on, then claims for the packaging of the Goods will not be accepted.
4.9. The courier's stay at the Addressee's address is limited to 15 minutes.
4.10. The goods presented on the Site comply with the quality standards established by regulatory enactments, which is confirmed by the relevant documents (declarations of conformity, certificates).
4.11. Delivery of the Goods is a separate service, the performance of which ends at the moment the Recipient receives the Goods and makes payment for it. Claims to the quality of the purchased Goods arising after receipt and payment of the Goods are considered in accordance with the Law of the Russian Federation "On Protection of Consumer Rights". In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not make it possible to carry out warranty service or replace the Goods by visiting the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods of good quality in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
4.6. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Order is transferred to him (or to the Recipient specified by him), which is confirmed by the signature of the Buyer (or the Recipient specified by him) in the documents on the delivery of the Goods. In the event that the Goods are lost before their delivery to the Buyer (the Recipient specified by him), the Seller shall refund the Buyer for the cost of the Goods and their delivery after receiving confirmation of the fact of the loss of the Order from the Courier Service.
4.7. The obligation of the Seller to transfer the goods to the Buyer is considered fulfilled at the time the courier delivers the Goods to the Recipient, which is confirmed by the issuance of a cash register and sales receipt (when paying to the courier), signing the Delivery and Acceptance Certificate of the Goods (in case of prepayment using a bank card or bank transfer).
4.8. When accepting the Goods from the courier, the Recipient is obliged to 5. PAYMENT FOR GOODS
5.1. The price of the Goods is indicated in rubles of the Russian Federation and includes value added tax.
5.2. The price of the Goods is indicated on the Site. In case of an erroneous indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is canceled by the Seller. If the canceled / incorrectly executed Order was paid, the Seller returns to the Buyer the amount paid for the Order in the same way in which it was paid. 5.3. The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price of the Goods in the Order issued by the Buyer before the price change is not subject to change.
5.4. Features of payment for the Goods using bank cards: In accordance with the regulations in force on the territory of the Russian Federation, transactions with bank cards are performed by the cardholder or a person authorized by him. Bank card transactions are authorized by the bank. If the bank has reason to believe that the operation is fraudulent, then the bank has the right to refuse to carry out this operation. In order to avoid cases of various kinds of unlawful use of bank cards when paying, all Orders placed on the Site and paid with a bank card are checked by the Seller. In order to verify the identity of the owner and his eligibility to use the card, the Seller has the right to require the Buyer who has issued such an Order to present an identity document.
5.5. The Seller has the right to provide discounts on Products and establish bonus programs. The types of discounts, bonuses, the procedure and conditions for accrual are indicated on the Site and can be changed by the Seller unilaterally. If, when applying a discount / bonus, the recalculated cost of the Goods includes a penny, such cost of the Goods shall be rounded down to a value that is a multiple of 1 (One) ruble.
5.6. When carrying out marketing activities involving the investment of any objects in shipments with the Buyer's Order, the delivery of these investments is carried out at the expense of the Buyer. In order to refuse an investment, the Buyer must contact the Customer Service.
5.7. The Seller keeps statistics of the Orders purchased by the Buyer
6. RETURN OF GOODS AND CASH The return of goods of proper quality is allowed within 14 days after purchase.
6.1. The return of the Goods is carried out in accordance with the requirements of the law and these Terms. If there are questions about the return of the Goods, for a more efficient and quick consideration of the issue, the Buyer is invited to inform about them by e-mail: shop@equilibrium-clothing.com. Please be ready to indicate the order number for which you have questions. 6.2. The procedure for the Buyer's return of the Goods of proper quality
1. The Buyer, when returning the Product, must pack it in the original box or package.
2. The buyer must prepare a set of documents:
• a copy of the acceptance certificate signed by the client;
• completed return form;
• a copy of the cashier's receipt Refund of funds to the account of a third party is possible only if a notarized power of attorney is provided from a third party in the name of the Buyer, from which the right of the bearer of the power of attorney to manage the account / card of a third party clearly follows.
3. The Buyer sends the Goods and the above set of documents from any branch of the Russian Post. The post office closest to the Buyer can be found at the link: http://www.russianpost.ru/rp/filials/ru/home.
Return shipping charges will not be refunded. Attention: according to clauses 21, 31 of the Rules for the sale of goods by remote method, approved by the Decree of the Government of the Russian Federation of 09/27/2007. No. 612, the return of the goods is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The absence of the specified document from the buyer does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller. In the absence of a document (cashier's check) confirming the fact of the purchase of the goods, or upon presentation of a check that does not correspond to the form of the check issued by the Seller (his courier service), the Seller has the right to verify the fact of the purchase of the goods by the buyer, in connection with which the period for consideration of the application increases for the period necessary to carry out such an audit (from one to six weeks).
4. Before sending the Goods to the Seller, the Buyer is obliged to notify the Seller.
6.3. Non-refundable Goods related to the goods specified in the "List of non-food products of good quality, not subject to return or exchange for similar goods of other size, shape, dimension, style, color or configuration", approved by the Decree of the Government of the Russian Federation of January 19, 1998 No. N 55.
6.4. Return of goods of inadequate quality:
6.4.1. A product of inadequate quality means a product that does not meet or meet the mandatory requirements provided for by law or in the manner prescribed by it. The difference in design or decoration elements from the description declared on the Site is not a sign of inadequate quality of the Goods. If there are any claims to the quality of the Goods, for a more efficient and quick consideration of the issue, the Buyer is invited to contact the Seller in advance. Please be ready to indicate the order number for which you have questions.
6.4.2. Consideration of the issue of returning the Goods of inadequate quality is possible subject to the receipt by the Seller of the Goods from the Buyer, in respect of which the claim for quality has been submitted, a completed application form, documents confirming the fact of the purchase of the Goods (cash register receipt and sales receipt), an expert opinion (in case of reasons for deficiencies). All groups of goods sold by MFC Jamilko JSC have a warranty period of 30 days from the date of sale.
6.4.3. The procedure for returning goods of inadequate quality:
1. The Buyer must, when returning the Product, pack it in the original box or package. 2. When returning the Goods, the Buyer must prepare a set of documents:
• Completed Application for quality control;
• Copy of payment receipt / payment receipt / payment notification email
• Bank details in the printed form, which must be signed by the Buyer with his own hand and contain a decryption of the signature and the date of signing.
Refunds to the account of a third party are possible only if a notarized power of attorney from such a third party is provided, from which the right of the bearer of the power of attorney to manage the account / card of a third party clearly follows.
Attention: according to clauses 21, 31 of the Rules for the sale of goods by remote method, approved by the Decree of the Government of the Russian Federation of 09/27/2007. No. 612, the return of the goods is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The absence of the specified document from the buyer does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.
In the absence of a document (cashier's check) confirming the fact of the purchase of the goods, or upon presentation of a check that does not correspond to the form of the check issued by the Seller (his courier service), the Seller has the right to verify the fact of the purchase of the goods by the buyer, in connection with which the period for consideration of the application increases for the period necessary to carry out such an audit (from one to six weeks). When the Buyer submits a demand for a return / replacement / commensurate reduction in the purchase price of goods of inadequate quality, the Seller carries out an additional check of the quality of the goods within 20 days from the date of receipt of the demand and goods from the Buyer (clause 1 of Article 21 of the Consumer Rights Protection Law).
3. Send the purchased item and a set of documents from any branch of the Russian Post. Find the nearest branch by the link: http://www.russianpost.ru/rp/filials/ru/home When sending, specify the address with the Seller
4. Before sending the return, the Buyer is obliged to notify the Seller and send a copy of the Quality Assurance Statement by e-mail.
6.4.4. In accordance with Articles 18, 19 of the Law "On Protection of Consumer Rights", as well as Art. 476 of the Civil Code of the Russian Federation, in the event that a claim about inadequate quality of the Goods is declared after the expiration of the warranty period for the Goods, the obligation to prove the absence of his fault in the occurrence of a defect lies with the buyer, and therefore the Seller has the right to demand, in addition to the above documents, an expert opinion on the reasons the occurrence of a shortage of the Goods.
6.5. Refunds for low-quality Goods are carried out: - when paying for the returned Goods in cash to the courier - refunds are made only to the Buyer's bank account, which is indicated by the Buyer after the examination of the quality of the goods; - in case of non-cash payment for the returned Goods, the refund is made directly to the account from which the payment was made. The return of defective goods is made at the expense of the Seller (if there are documents confirming postage).
7. PERSONAL DATA AND INFORMATION PROTECTION
7.1. By providing his personal data to the Seller, the Buyer agrees to their processing by the Seller on the conditions specified below. Purposes of personal data processing: fulfillment by the Seller of obligations to the Buyer under the order of the Goods and the retail sale and purchase agreement between them, promotion by the Seller of goods and services, conducting advertising campaigns, marketing campaigns and surveys, providing customer support, organizing the delivery of the Goods to Buyers, holding prize draws among Buyers, control of Buyer's satisfaction and the quality of services provided by the Seller.
7.2. The personal data of the Buyer includes: Surname, Name, e-mail address, password for access to the website www.equilibrium-clothing.com, phone number, delivery address of the Goods / mailing address, passport data, payment details in case the Buyer has saved them in your personal account. Data processing methods: automated and non-automated.
7.3. Data processing methods: automated and non-automated. - The Buyer, registering on the website www.equilibrium-clothing.com, or placing an Order without registration in a simplified manner. confirms his unconditional consent to the terms of processing his personal data indicated on the Site, as well as received from him in the process of concluding, executing, changing and terminating contracts with him or upon obtaining the Buyer's consent to receive advertising and information mailings. At the same time, the Buyer gives his consent to take any actions in relation to his personal data that are necessary or desirable when processing his personal data for the purposes indicated above, including (without limitation) collection, recording, systematization, accumulation, storage, clarification (updating, changing ), extraction, use, transfer (provision, access, including to third parties whom the Seller engages to execute contracts with the Buyer (including, but not limited to courier services, other persons, information about which is posted on the website www.equilibrium-clothing. com, provided only that information is provided that is necessary for such third parties to perform specific actions and to impose obligations on such a person to respect the confidentiality of personal data)), depersonalization, blocking, deletion, destruction of personal data, as well as the implementation of any other actions with personal data taking into account the requirements of federal law companies.
The Seller guarantees the Buyer to take all necessary measures to ensure the confidentiality of the Buyer's personal data in accordance with the requirements of the current legislation of the Russian Federation. - The period of validity of consent to the processing of personal data is 15 years.
Consent can only be revoked by sending a written application to the address of the Seller's location. - The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the provision by the Seller of information to the above agents and third parties acting on the basis of an agreement with the Seller, subject to the imposition of obligations on such persons to maintain the confidentiality of personal data. - It is not considered a violation of obligations to disclose information in accordance with the requirements of the law.
7.4. The Seller has the right to send information and advertising messages to the e-mail and mobile phone of the Buyer with his consent, expressed by taking actions that allow him to establish his will to receive the message. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by informing the Seller of his refusal by phone, or by sending a corresponding statement in free form to the Seller's email address: shop@equilibrium-clothing.com. Service messages informing the Buyer about the Order and the stages of its processing are sent automatically and cannot be rejected by the Buyer. 7.4. Withdrawal of consent to the processing of personal data terminates the Seller's obligations to fulfill obligations related to the Buyer's Orders.
7.5. The seller has the right to use the technology "cookies" and automated systems for collecting statistical information about visits by users of the Site. By browsing the site, the Buyer hereby agrees to the collection, analysis and use of cookies, data about the user device (including permission, version and other attributes characterized by the user device), user clicks, page views, filling in fields, displaying and viewing banners and video, session parameters, data on the time of visit, user ID stored in the cookie and other statistical data characterizing the actions of the Buyer on the website, including by third parties, for the purpose of generating statistics and optimizing advertising messages. The confidentiality and security regime of personal data also applies to the specified information.
7.6. The Seller is not responsible for information about the Buyer, including the above personal data provided by the Buyer on the Site or in other open sources in a public form.
e text of the Public Offer (section 7). You can familiarize yourself with the documents regulating the procedure for processing personal data and describing the implemented requirements for the protection of personal data on the official website of the Seller.
7.7. The Seller has the right to record telephone conversations with the Buyer, preventing unauthorized access to information received during telephone conversations and / or transferring it to third parties not directly related to the execution of Orders.
8. OTHER CONDITIONS
8.1. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
8.2. In case of any questions and claims from the Buyer, he must contact the Seller by phone or in any other accessible way. The parties will try to resolve all disputes that arise 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.
8.3. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions. Processing of personal data Dear visitors of the online store equilibrium-clothing.com (Seller) processes personal data in accordance with the requirements of the legislation of the Russian Federation, local regulations adopted by the Seller. The text of the consent to the processing of personal data is included in the text of the Public Offer (section 7). You can familiarize yourself with the documents regulating the procedure for processing personal data and describing the implemented requirements for the protection of personal data on the official website of the Seller.
Requisites
Organization name: Individual entrepreneur Nikiforov Alexander Petrovich TIN of the organization: 502912809614 Current account number: 40802810640000171348 Bank name: PJSC Sberbank Correspondent account: 30101810400000000225 BIK: 044525225