"SAMCHUK" Online Store's Public Offer
1. Terms and definitions
1.1. In this Public Offer, unless the context otherwise requires, terms listed below shall have the following meanings and shall be an integral part of the present Public Offer:
Vendor — Sole proprietor Samchuk A. V. (Address: 622049, Sverdlovsk Oblast., Nizhny Tagil, Druzhinina st., 67/2, 25, TIN: 662347136302, PSRNSP: 317665800001854).
Buyer — any competent natural person who accepted the present public offer and placed and order or bought goods (available on the website samchuk.me) from SP Samchuk A. V. for this person's private needs (excluding entrepreneurship).
Online Store — an official online store of Vendor SP Samchuk A. V., accessible at samchuk.me. Within the scope of this Public Offer, terms Online Store and Store as well as URLs samchuk.me and derived from samchuk.me are legally equal and to be interpreted authentically, according to the present Public Offer.
Product – an object (item of clothing, accessory or any other asset), available for purchase on the Website.
Order – Client´s order, properly placed (with all the necessary boxes filled on the website, in the section "Cart", "order placement") and addressed to the Vendor, about the sale and shipping of the Product from the website to the address specified by the Buyer.
2. General regulations
2.1. Present Public Offer (hereinafter – «Contract») is an official offer from SP Samchuk A. V. directed to any natural person, who has legal competence and necessary authority to conclude a contract of sale with SP Samchuk A. V. This contract will operate under conditions, identified in present offer and contain all significant contract terms.
2.2. Relationships between the customer and the vendor are regulated by the Civil Code of Russian Federation, the Law of Consumer Protection, a Decision of the Government of Russian Federation «On approval of the Rules on distance selling» and other federal laws and legal acts of the Russian Federation
2.3. Vendor has a right to change the current Regulations without previous notice. Regulations changes enter into effect upon their publication on the Website and are immediately applicable to any order, placed after their publication.
2.4. Order placement on our Website or by phone, as well as registration and subscription automatically mean that the customer has read the conditions, understood and accepted them.
2.5. All the textual information as well as pictures of the products, displayed on the website, are the property of the Vendor and his counterparts. Its available for private usage only.
3. Subject matter of the contract and product price
3.1. The vendor sells and the Buyer receives and pays for the products under the conditions, specified in the present Contract. Property rights of the products are transferred after the act of delivery has been completed and the full price has been payed. Risk of its accidental demise and/or damage is transferred to the customer immediately after the act of transferring.
3.2. Prices are established by the Vendor unilaterally and indisputably and are displayed at the pages of online store at samchuk.me.
3.3. Prices are in rubles of Russian Federation.
3.4. The offer for each particular item is only valid as long as the item appears on the website and is available on the warehouse of the Vendor.
4. The time the contract is concluded
4.1. The text of the present Contract is a Public Offer (according to Art. 435 and part 2 of Art. 437 of the Civil code of the Russian Federation)
4.2. The contract concluded on the basis of acceptance by the Buyer of this offer is a contract of accession to which the Buyer joins without any exceptions and/or reservations.
4.3. The fact of order placement by the Buyer is the unconditional fact of acceptance by the Buyer of the terms of this Agreement. The buyer who has purchased the goods in the Vendor's online store (who has placed an order for the goods) is considered as a person who has entered into a relationship with the Vendor under the terms of this Agreement.
5. Parties' rights and obligations
5.1. Vendor undertakes to:
5.1.1. Ensure the full extent of all obligations to the Buyer From the moment of conclusion of this Agreement in accordance with the terms of this agreement and applicable law. The vendor reserves the right to default under the Contract in the event of force majeure specified in paragraph 9 of this Contract.
5.1.2. Process personal data of the Buyer and ensure their confidentiality in the manner prescribed by applicable law.
5.2.Vendor has a right to:
5.2.1. Change this Agreement, Prices for Products and Tariffs for ancillary services, methods and terms of payment and delivery of the goods unilaterally, placing them on the pages of an online store, available at Internet address: samchuk.me. All changes take effect immediately after publication and are considered to be brought to the attention of the Buyer from the time of such publication.
5.2.2. Record telephone conversations with the Buyer. According to item 4 of Art. 16 of the Federal law "On information, information technologies and on information protection" the Vender undertakes to prevent attempts of unauthorized access to information and/or its transfer to the persons who are not directly related to execution of Orders; to find out and stop such attempts.
5.2.3. Transfer Buyer’s rights and obligations under the Contract to third parties without the consent of the Buyer.
5.3. The Buyer undertakes to:
5.3.1. Familiarize him or herself with the contents and terms of the Agreement, the prices for the Goods offered by the Vendor in the online store samchuk.me. previous to the time of the Contract.
5.3.2. To place Orders, the Customer must enter their data and place an order on their own or with the help of a customer service specialist in ways available to customers.
5.3.3. In pursuance of the Vendor's obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the buyer, and sufficient to deliver the goods ordered by him to the Buyer.
5.3.4. Pay for the ordered Products and their delivery on the terms of this agreement.
5.3.6. Not use the goods ordered on the website for business purposes.
6. Order acceptance
6.1. After placing the Order, the Customer receives information on the composition of his Order with the cost of products, address and delivery cost to the e-mail address specified by him.
6.2. The order is considered to be accepted for execution after the Customer receives an e-mail at the e-mail address specified in the registration form, confirming the acceptance of the Order and/or after the page of the site displays a message about the creation of the Order with its number.
6.3. The vendor reserves the right to cancel the client's Application at the stage of confirmation of the Application.
6.4. The vendor reserves the right to discuss with the Customer the order data by phone. If it is impossible to contact the Client within 2 (two) days, the Order made by the client is canceled, and if the Client has made an advance payment, the funds are returned by the Vendor to the Bank details from which the payment was made.
6.5. After the order is placed, the Buyer is provided with information about the date of delivery of the Order to the Client. The specified date depends on the availability of the ordered Products in the warehouse of the Vendor and the time required for processing and delivery of the Order.
7. Product delivery
7.1. The client undertakes to accept the Order within the agreed delivery time. The delivered Products are transferred to the Customer, and in its absence – to any person who presented an order confirmation or other document confirming the delivery of the Products.
7.2. The Vendor tries to comply with the agreed delivery time as much as possible. The vendor is not responsible for possible delays in delivery due to unforeseen circumstances that occurred through no fault of the Vendor, which could not be foreseen.
7.3. The client has the right to refuse all the ordered Products or individual items (provided that the Order is not transferred for delivery to the courier service) at any time before its transfer to the Client (signing of shipping documents), and after the transfer of the goods – within 7 days.
7.4. The right of ownership of the Products, the risk of accidental loss or damage passes to the Client at the time of acceptance of the Products from the representative of the courier service. Confirmation of the transfer of ownership of the Products is the customer's signature on the invoice issued by the Vendor or courier service.
7.5. For Customers from foreign countries, the Vendor sends the order excluding taxes and duties of the buyer's country of residence. The price for delivery does not include taxes and duties.
8. Terms of returning and exchanging of goods
8.1. The buyer has the right to refuse the ordered goods without explanation at any time prior to its receipt, as well as after receipt — within 7 calendar days.
8.2. The buyer has the right to exchange the product if it does not fit the shape, size, style, color, size or configuration. The exchange period is 7 days, not counting the day of purchase. Return or exchange of the product is possible when: its presentation (packing, seals, labels), consumer properties are intact, it’s complete and also the document confirming the fact and conditions of purchase of the specified product (commodity or cash receipt) is kept.
8.3. For the return of the Products of good quality (including the case of its exchange), client undertakes to carefully pack the Products (with all components and a full set of accessories specified in the technical documentation for the Products) and attach the following documents:
• Return form;
• Copy of passport (or other identity document);
• Copy of payment receipt.
8.4. The procedure for the return of goods of inadequate quality is carried out in the manner specified in paragraph 7.3. In the application for refund must be specified what kind of defect it contains return goods.
8.5. Methods of return of the ordered goods:
• Return the goods through the delivery service;
• Return the goods on the client’s own through any courier company.
8.6. Requirements for the return of the amount of money paid for the goods shall be satisfied within 10 days from the date of submission of the relevant requirements (article 22 of the Law of the Russian Federation "On protection of consumer rights"). In case of return of goods of inadequate quality to the Buyer the cost of goods together with the cost of delivery comes back.
9. Payment methods
9.1. The Buyer can make payment in the following ways:
• Upon receipt of the order in Moscow, St. Petersburg and Yekaterinburg in cash to the courier;
• Online payment on the website;
• Money transfer to the current account.
9.2. For more information on how to pay for the goods, see "Payment".
10. Force majeure
10.1. Either Party shall be released from liability for full or partial failure to perform its obligations under this Agreement, if such failure was caused by force majeure arising after the signing of this Agreement. "Force Majeure" means extraordinary events or circumstances which such Party could not have foreseen or prevented by the means available to it. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions of Russian or foreign authorities, and any other circumstances beyond the reasonable control of either Party. Changes in existing legislation or regulations that directly or indirectly affect any of the Parties, are not considered as force majeure, however, in the event of such changes, which do not allow either party to fulfill any of its obligations under this Agreement, the Parties shall immediately adopt a decision on the procedure for solving this problem is to provide the Parties the continuation of the execution of this Agreement.
11.1. When returning the Products for transfer by the Vendor of funds, the Client provides passport data and Bank card data. The Vendor has the right to use this information to fulfill its obligations to the Client. The vendor acknowledges the importance of confidentiality of the personal information provided by the Client. By providing his or her personal data to the Vendor, the Client agrees to their processing by the Vendor, including to fulfill its obligations to the Client under this offer, promotion of goods and services by the Vendor by sending newsletters advertising and information, conducting electronic and sms surveys, competitions and other promotions among customers, analysis of the results of marketing campaigns, customer support, statistical research, organization of delivery of goods, customer satisfaction with the quality of services provided by the Vendor. Persons visiting the site, as well as Customers agree that for the implementation of obligations to the Client, as well as for the purpose of marketing research, analytical reports and other marketing activities, the Vendor may instruct the processing of personal data (including, but not limited to – date of birth, e-mail address, data on accounts in social networks, information on purchase histories, information on interests) to third parties on the basis of an agreement concluded with such persons, subject to compliance with the requirements of the legislation of the Russian Federation on ensuring the confidentiality of personal data and the security of personal data during their processing. Under the processing of personal data is defined as any act committed with use of means of automation or without use of such means with personal data including collection, recording, systematization, accumulation, storage, clarification (update, change) the extraction, use, transfer (including transfer to third parties, including cross-border transfer if the need for it arose in the course of performance of obligations), depersonalization, blocking, deletion, destruction of personal data. The Vendor shall process personal data, including by sending Client correspondence, advertising e-mail, make phone calls, send sms messages through instant messengers and email advertising for the specified client email address.
The client can refuse to receive newsletters, to receive advertising and other information without giving reasons in one of the above ways:
• The customer can choose the mailing options or unsubscribe by clicking the "unsubscribe" button in the email;
• The customer can contact the customer Service of the Vendor on the phone number listed on the website samchuk.me in the "Contacts" section.
11.2. The seller undertakes not to disclose the information received from the Client. The provision of information by the Seller to agents and third parties acting on the basis of the contract with the Seller for the performance of obligations to the client is not considered a violation.
11.3. The Buyer agrees and authorizes the Operator and contractors of the Operator to process personal data of the Buyer, with the help of automated database management systems, as well as other software specially developed on behalf of the Operator.
11.4. The buyer has the right to request from the Operator full information about his / her personal data, their processing and use, as well as to request the exclusion or correction/addition of incorrect or incomplete personal data.
11.5. The seller has the right to record telephone conversations with the Client. In this case, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations, and/or transfer it to third parties not directly related to the execution of Orders, in accordance with paragraph 4 of article 16 of the Federal law "On information, information technology and information protection".
12. Responsibility of parties
12.1. For non-execution or improper execution of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
12.2. All text information and graphics posted in the online store samchuk.me , have the legal owner. Illegal use of the specified information and images is pursued according to the current legislation of the Russian Federation.
13. Other conditions
13.1. All disputes related to non-execution or improper execution of its obligations under this agreement, the parties will try to resolve during the negotiations.
13.2. In case of failure to reach an agreement during negotiations, disputes will be resolved in court, in accordance with the current legislation of the Russian Federation.