1.1. This document is an official public offer of the Individual Entrepreneur Borovik Yuliana Vladlenovna (hereinafter referred to as the “Online Store”) and contains all the essential terms of ordering, selling and delivering goods to the Buyer.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, in the event of acceptance of the terms and conditions set forth below and payment for services, a legal entity or individual accepting this offer becomes the BUYER (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to concluding an agreement on the terms set forth in the offer), and the ONLINE STORE and the BUYER jointly are the PARTIES to the Offer agreement.
1.3. In connection with the above, carefully read the text of this offer and if you do not agree with its terms and conditions, or with any other clause of its terms, the ONLINE STORE invites you to refuse to enter into the offer agreement.
2.1. For the purposes of this Offer, the following terms are used in the following meaning:
“Offer” — this document, the Public Offer for the implementation of a purchase and sale transaction, under which one party (the Online Store) undertakes to transfer the goods into the ownership of the other party (the buyer), and the buyer undertakes to accept these goods and pay a certain sum of money (price) for them.
“Acceptance of the Offer” — full and irrevocable acceptance of the Offer by performing the actions noted in Part 4 of this Offer. Acceptance of the Offer implies the Offer Agreement.
“Offer Agreement” — a sale and purchase agreement concluded between the BUYER and the ONLINE STORE by accepting this agreement.
“BUYER” — a person who has accepted the Offer, placing an order for the Products via the Internet page at https://skryptonite.shop or by telephone.
“ONLINE STORE” — a seller of products selling and delivering Products to the Buyer.
“PRODUCT” — clothing, related products and services, the order of which is made according to the samples presented on the Internet page at https://skryptonite.shop
2.2. This Offer may use terms not defined in clause 2.1. In this case, the interpretation of such a term is made in accordance with the text of this Offer. In the absence of an unambiguous interpretation of a term in the text of the Offer, one should be guided by the interpretation of the term: first of all, on the website of the ONLINE STORE, secondly, established on the Internet.
3.1. The subject of this offer is the sale of Goods to the Buyer in accordance with the terms of the offer and the prices indicated at the address https://skryptonite.shop, as well as the Buyer’s payment and acceptance of the Goods in accordance with the terms of this agreement.
3.2. The Public Offer is an official document and is published on the website https://skryptonite.shop
3.3. The ONLINE STORE has the right to change the price of the goods, the terms of this Public Offer and additions to the public offer without prior agreement with the BUYER, while ensuring the publication of the changed terms on the ONLINE STORE website, as well as in a publicly accessible place for familiarization with these documents, at least one day before they come into effect.
4.1. The BUYER accepts the Offer by paying for the goods, which means concluding a retail sale and purchase agreement on the terms set out in this offer. The Agreement is considered concluded from the moment the Buyer is issued a cash or sales receipt or other document confirming payment for the Goods (including, but not limited to, bank confirmation of the Buyer’s payment for the Goods by bank card), or from the moment the Seller receives a message about the Buyer’s intention to purchase the Goods.
5.1. The online store is an information system for searching, ordering and paying for Products offered by the Seller by the Buyer.
5.2. In the event of the absence of the ordered Product (Products) at the time of accepting the order for work, the Seller’s employee has the right to agree with the Buyer on a replacement of the Product or exclude the missing Product.
5.3. When the Seller receives an order for the delivery of the Product, the Buyer is contacted by the Delivery Service employee using the communication method specified by the Buyer when ordering.
5.4. The Product is delivered within the Russian Federation, in accordance with the address specified by the Buyer when placing the order and subject to confirmation of delivery by the Seller. Delivery is carried out in accordance with the date and time agreed with the Buyer and is paid for by the Buyer separately.
Delivery confirmation is made by the Seller by telephone.
5.5. The Buyer agrees to receive calls from operators and couriers of the Seller and the Delivery Service to the phone numbers specified by him during registration and/or placing the order, as well as SMS messages and emails regarding the fulfillment of the order, and to receive messages by other specified means of communication. The Buyer agrees to accept the ordered Goods from an employee of the Delivery Service or a person authorized by it at the address specified by the Buyer during registration and/or placing the order.
5.6. At the time of ordering, the Buyer is obliged to provide the Seller and/or the Delivery Service with the most accurate information about his location at the address specified by him, and also to ensure free and unimpeded access of an employee of the Delivery Service or a person authorized by it to the address specified by the Buyer.
5.7. All materials presented in the Online Store are for reference only and do not always fully convey reliable information about the properties of the Goods. Information regarding the consumer properties of the Products is provided on the basis of data provided by suppliers. The Seller and the Manufacturer are not responsible for its discrepancy with the actual characteristics of the Product. The shelf life of the delivered Products and ingredients included in the Products is indicated on the packaging. The Seller and the Manufacturer are not responsible for damage caused by the Buyer’s violation of the specified conditions and shelf life of the purchased Products and ingredients.
6.1. To register the Buyer in the Online Store in order to be able to place orders, the Buyer fills out the registration form, thereby confirming familiarization with this offer and expressing consent to provide accurate and complete information about himself on the questions proposed in the registration form.
6.2. If the Buyer provides incorrect information or the Online Store or the Seller have serious grounds to believe that the information provided by them is incorrect, incomplete or inaccurate, the Online Store has the right to suspend or cancel the Buyer’s registration and/or refuse the registered Buyer to use its services.
6.3. The Buyer hereby agrees that the information specified during registration, which may contain the Buyer’s personal data, is used for the purpose of further processing and ordering in the Online Store and the Seller’s divisions. When placing an order, the Online Store and the Seller process personal data in accordance with Art. 6 of Federal Law No. 152-FZ “On Personal Data”. The Seller undertakes to take all measures provided for by applicable law to properly protect the personal data received and not to transfer them to third parties, except in cases where the transfer of data is necessary for the Seller to fulfill its obligations to the Buyer for the purposes of this Agreement.
6.4. By providing their phone number and email address during registration, the Buyer agrees to receive SMS and E-Mail messages of an informational nature from the Seller or the Owner of the online store.
6.5. Having read ь with the List of goods posted on the website of the ONLINE STORE, having selected the type of goods, the BUYER places an order.
6.6. The goods are considered accepted without claims, and the services are considered to be rendered properly and in full, if within three days from the date of rendering the service the BUYER has not filed a claim. In the absence of a claim, the act of acceptance of the completed work (services) is considered signed, and the services rendered properly.
6.7. The parties have no claims against each other after receiving the goods, rendering services under the contract.
7.1. The cost of delivery and methods of payment for purchased goods and services are indicated in the relevant sections of the site. By placing an order, the Buyer agrees that he/she has been notified and agrees to pay for the cost of the Goods and their delivery.
7.2. Payment is made by the BUYER by transferring funds to the current account of the ONLINE STORE or by other means of payment as agreed with the ONLINE STORE.
7.3. For the purposes of the Offer Agreement, payment is accepted from the BUYER:
– in non-cash form from the current account of the BUYER to the current account of the ONLINE STORE;
– through branches of Sberbank of the Russian Federation or other operating banks of Russia;
by other means of payment as agreed with the ONLINE STORE, including but not limited to through electronic payment systems:
1. electronic money
1.1. Yandex.Money,
1.2 Qiwi wallet,
1.3 Money@mail.ru,
1.4 PayPal,
2. WebMoney. via payment terminals:
2.1 QIWI terminals,
2.2 CyberPlat
2.3 SberPlat,
7.4. In case of acceptance of the Goods and their payment, the Buyer is obliged to sign the accompanying documents, making notes on acceptance or refusal of the order (its part) and on the amounts paid.
7.5. The Buyer is obliged to pay the cost of the Goods and services rendered, as well as the cost of delivery and packaging of the goods in the amount presented at the time of payment, including all applicable taxes.
7.6. The Buyer shall pay for the delivery of the Goods independently.
8.1. An order in the Online Store can be cancelled at any time before payment and delivery. To cancel an Order, it is necessary to notify skryptonite.shop by phone or email. If the order was delivered to the Buyer and he refuses the order, he must compensate the cost of delivery of the goods.
8.2. According to Art. 26.1 of the Law “On Protection of Consumer Rights”, as well as paragraph 21 of the RF Government Resolution of 27.09.07 “On approval of the rules for the sale of goods by remote means”, the Buyer has the right to refuse the goods at any time before their transfer, and after the transfer of the goods – within 14 days.
8.3. According to Art. 25 of the Law on “Protection of Consumer Rights” the consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom the product was purchased, if the specified product does not fit in shape, dimensions, style, color, size
or configuration. The list of goods of proper quality that cannot be exchanged is approved by the Decree of the Government of the Russian Federation of 19.01.1998 No. 55, according to which the following goods of proper quality cannot be returned or exchanged:
• Personal hygiene items (combs, hairpins, headbands, hair curlers, wigs, hairpieces and other similar goods);
• Perfumes and cosmetics;
• Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and
synthetic stones, cut precious stones;
• as well as other goods approved by the above-mentioned Resolution.
8.4. Return of Goods of proper quality is possible without stating reasons if the Goods have not been used, their presentation (packaging, seals, labels) has been preserved, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods (sales receipt or cash register receipt). Goods purchased from other companies are not accepted for return.
8.5. To return the Goods, the Buyer must do all of the following: Carefully pack the Goods (with all components and a full set of accessories specified in the documentation for the Goods) in the Seller’s branded packaging; Fill out a return application in 2 copies of proper quality. The application must indicate the payment details for the refund:
1. Full name;
2. Name of the recipient bank;
3. BIC of the recipient bank;
4. Correspondent account;
5. Current account.
In case of payment by bank card, the return application shall include the details of the bank card from which the payment for the returned Goods was made. 1. Attach the original or a copy of the courier’s cash receipt or postal receipt to confirm payment for the parcel with the returned Goods. 2. When returning funds, it is necessary to provide passport details or attach a copy of an identity document (according to the regulation of the Central Bank of the Russian Federation dated October 12, 2011 No. 373-P “REGULATIONS ON THE PROCEDURE FOR CONDUCTING CASH OPERATIONS WITH BANKNOTES AND COINS OF THE BANK OF RUSSIA ON THE TERRITORY 8.6. The return of goods is carried out at the expense of the Buyer. Sending returned Goods by cash on delivery is not allowed. The Buyer shall bear all risks associated with failure to comply with the procedure for returning the Goods.
8.7. When returning a Good of proper quality, the cost of the Goods shall be refunded to the Buyer. The cost of delivery of the Goods and return shipment shall not be reimbursed to the Buyer.
8.8. A Good of inadequate quality is a Good that has defects and cannot ensure the fulfillment of its functional qualities. The difference in the design or decoration elements, as well as the shades of the color scheme of the Goods from those stated in the description on the Site, does not apply to the malfunction or non-functionality of the Goods.
The Buyer is notified that by purchasing a Good at a discount established in connection with its shortcomings (defects), he loses the right to refer to them in the future.
8.9. To return or exchange a defective Product, the Buyer must:
• Carefully pack the Product for return (with all components and a full set of accessories specified in the technical documentation for the Product) in the Seller’s branded packaging;
• Fill out in 2 copies an application for return or exchange of a defective product or for the absence of the Product in the parcel.
In case of return of the Product, the application must indicate the payment details for the refund:
1. Full name;
2. Name of the recipient bank;
3. BIC of the recipient bank;
4. Correspondent account;
5. Settlement account.
In case of payment by bank card, the return application must indicate the details of the bank card from which the payment for the returned Product was made. When filling out an application for the absence of a Product in a parcel, a report drawn up jointly with representatives of Russian Post must be attached to the application. Attach the original or a copy of the courier’s cash receipt or post office receipt confirming payment for the parcel of the returned Product. When returning funds, it is necessary to provide passport details or attach a copy of an identity document (in accordance with the regulation of the Central Bank of the Russian Federation dated October 12, 2011 No. 373-P “REGULATION ON THE PROCEDURE FOR CONDUCTING CASH TRANSACTIONS WITH BANKNOTES AND COINS OF THE BANK OF RUSSIA ON THE TERRITORY OF THE RUSSIAN FEDERATION”). Attach a sales receipt or cash receipt, a completed application, and a copy of an identity document, and send them to the Seller through a Russian Post office with the order, indicating the full cost of the enclosure and an inventory of the enclosure of the Products.
8.10. In case of return the goods are of inadequate quality or the article number is mixed up, the return postage fee will be reimbursed to you after processing. At the Buyer’s request, the Seller will either exchange the Goods or refund the paid price of the Goods.
8.11. If the delivered Order is of inadequate quality due to a manufacturing defect or damage during transportation, the Buyer has the right to return it or exchange it for a similar product of adequate quality, provided that it is available in stock, and also demand free elimination of the defects of the goods or reimbursement of the Buyer’s expenses for eliminating the defects of the goods. If a similar product of adequate quality is not available in stock, the Buyer can return the defective goods or wait until the Buyer receives the necessary goods.
8.12. Claims for the return of the amount paid for the goods are subject to satisfaction within 10 days from the date of receipt of the relevant claim by the Seller (Article 22 of the Law of the Russian Federation “On Protection of Consumer Rights”). Thus, within 10 days of returning the goods to the Buyer, the amount of the goods will be refunded, and in the case of returning a defective product, the cost of the goods will be refunded to the Buyer along with the cost of delivery. The period for crediting funds to your account depends on the terms established by the internal regulations of the relevant banks.
8.13. In the event of a dispute about the causes of the defects or the fact of the use of the Goods and the preservation of its presentation, an independent examination of the goods will be carried out. The Buyer has the right to participate in the quality check of the Goods and challenge the expert opinion in court. Claims for the return of the money paid for the Goods during the examination are subject to satisfaction within 20 days from the date of the corresponding claim.
8.14. In order for the funds to be returned to the Buyer, the Goods must be sent only using Russian Post.
8.15. If the Buyer refuses the Goods (returns the Goods) after paying for and receiving them, the Buyer’s refund, regardless of whether the Goods were paid for in cash or by bank transfer, will be made by transferring the corresponding amount to the bank account specified by the Buyer or by transferring to the bank card from which the order was paid, respectively.
8.16. The refund is made on the basis of a written application indicating the full name, details for the refund and only upon presentation of an identity document (passport or a document replacing it). Confirmation of the fact of payment with the provision of supporting documents is a mandatory condition for the refund.
8.17. In case of cancellation/partial cancellation of the Order initiated by the Seller, the refund of the cost of the Goods is made with the mandatory provision by the Buyer of an e-mail with the payment details sent to skryptonite.shop from the e-mail address specified when placing the order.
9.1. The Online Store contains materials protected by copyright, trademarks and other materials protected by law, including, but not limited to: texts, photographs, graphic images.
9.2. The ONLINE STORE has exclusive rights to use the contents of the Online Store (including the right to select, arrange, systematize and transform data contained in the Online Store, as well as the original data and materials), except for cases separately noted in the content of the materials published on the site.
9.3. The Buyer, as well as any person who has visited the Internet page of the Online Store, does not have the right to make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products or otherwise use, in part or in full, the contents of the Online Store. Organization, collection, compilation, magnetic translation, digital transformation and other actions related to the use of the material ov, as well as copying, redistribution, use or publication of information constituting the content of the Online store, is completely or partially prohibited without the consent of the ONLINE STORE.
9.4. The Buyer, as well as any person who has visited the Internet page of the Online store, undertakes not to post on the pages of the Online store and not to send through/by means of the Online store any materials of the following nature:
• violating the law, containing threats and
insults, discrediting other persons, violating the rights of citizens to privacy or public order, of an obscene nature;
• violating to one degree or another the honor and dignity, rights and legally protected interests of other persons;
• promoting or containing calls
for incitement of religious, racial or ethnic hatred, containing attempts to incite hostility or calls for violence;
• as well as other materials that encourage other persons to illegal behavior that entails criminal, civil or other liability or in any way
violates the provisions of the law. advertising of any goods or services, for advertising or other promotion of sales of any goods and services in any form, including, but not limited to, stimulation of subscription to another interactive service system without
obtaining prior written consent.
The Buyer, as well as any person who has visited the Internet page of the Online Store, undertakes not to upload, post or otherwise use on the pages of the Online Store any materials protected by intellectual property law (including copyright, trademark law), and other materials protected by law without obtaining the express permission of the owner of the rights to the protected material. In this case, the burden of proof that the posting of materials on the Internet page of the Online Store by the Buyer does not violate the copyright, related and other rights of third parties to the posted materials lies with the Buyer.
10.1. The composition of the Product may include ingredients that cause personal allergic reactions and intolerance. In case of contraindications, the Buyer is obliged to notify the ONLINE STORE about this.
The ONLINE STORE undertakes to:
11.1. Ensure acceptance of the order, payment and delivery in accordance with this Offer Agreement.
11.2. Deliver the Product to the address specified in the order, as well as the necessary accessories in the quantity and assortment agreed with the BUYER.
11.3. Follow the Buyer’s instructions on the procedure for rendering services under this Agreement, agreed upon by the parties.
11.4 Maintain the confidentiality of the BUYER’s information, except for cases stipulated by the current legislation of the Russian Federation;
11.5. Provide quality services. Take timely measures to prevent and regulate violations of the quality of the services provided. Timely inform the BUYER of changes in the structure of services provided under this Agreement and the terms of their provision.
The ONLINE STORE has the right to:
11.6. Involve third parties in the provision of services to the Buyer, while remaining responsible to the Buyer for the provision of services;
11.7. Refuse to transfer goods and provide services in the event of the Buyer’s failure to fulfill its obligations under this Agreement.
11.8. Receive explanations and additional information on issues that arise during the provision of services.
11.9. Unilaterally terminate this agreement in the event of the BUYER’s failure to fulfill the obligations stipulated by paragraph No. 6.2., as well as in the absence of timely payment.
11.10 transfer their powers in terms of the execution of this offer to third parties without prior notice to the Buyer himself and the latter’s agreement on this action.
The BUYER undertakes to:
12.1. Pay for the ONLINE STORE Services under the Offer agreement in a timely manner in accordance with the terms of this Offer.
12.2. Fulfill all the requirements set forth in this Offer, any questions that arise during the provision of services, and provide the necessary information.
The BUYER has the right to:
12.3. Receive goods and services in accordance with the terms of this offer.
12.4. Receive the necessary and reliable information about the work of the ONLINE STORE and the services it provides.
12.5. The BUYER has the right to send the ONLINE STORE his opinions, suggestions, and recommendations.
12.6. At any time, check the progress of the execution of this Agreement, without interfering with the business activities of the ONLINE STORE.
13.1. The ONLINE STORE shall not be liable for damage caused to the activities of the BUYER or persons whom he represents, in the event of improper fulfillment of obligations under this Agreement, violation of the requirements of the employees of the ONLINE STORE.
13.2. By paying for the ONLINE STORE Services under the Offer Agreement, the BUYER agrees to the terms of this Agreement and that he/she has no right to demand from the ONLINE STORE any compensation for moral, material damage or damage caused to the BUYER either during the term of this Agreement or after its expiration, except for cases expressly provided for by this legislation.
13.3. Under no circumstances shall the ONLINE STORE bear any liability under the Offer Agreement for:
a) any actions and/or inactions that are a direct or indirect result of actions/inactions of any third parties not involved by the ONLINE STORE.
b) any indirect damages and/or lost profits of the BUYER and/or third parties, regardless of whether the ONLINE STORE could foresee the possibility of such damages or not;
13.4. The ONLINE STORE’s aggregate liability under the Offer Agreement, for any claim or demand in relation to the Offer Agreement or its performance, is limited to 5% (five percent) of the amount of the payment paid to the CONTRACTOR by the BUYER under the Offer Agreement.
13.5. Without prejudice to the above, the ONLINE STORE shall be released from liability for breach of the terms of the Offer Agreement if such breach is caused by force majeure circumstances, including: actions of government authorities, fire, flood, earthquake, other natural disasters, power outages, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the performance of the Offer Agreement by the CONTRACTOR.
13.6. The Offer Agreement, its conclusion and performance are regulated in accordance with the current legislation of the Russian Federation.
13.7. In the event of improper performance of the Agreement by one of the parties, resulting in adverse consequences for the other party, liability occurs in accordance with the current legislation of the Russian Federation.
14.1. Any notifications under the Offer Agreement may be sent by one Party to the other Party:
14.1.1. By e-mail to the e-mail address of the BUYER specified by him when ordering the service, from the e-mail address of the ONLINE STORE specified at the end of this Offer if the recipient is the BUYER, to the e-mail address of the ONLINE STORE specified at the end of this Offer, from the e-mail address of the BUYER specified by him when applying;
14.1.2. By fax;
14.1.3. By mail with notification of delivery.
14.2. Failure to exercise any right under the Offer Agreement, powers or intentions provided for in the Offer Agreement does not mean either a waiver by the ONLINE STORE of the terms and conditions of the Offer Agreement in the event of a subsequent breach, or a waiver of its rights to demand compliance with the terms of the Offer Agreement at any time thereafter.
14.3. The Offer Agreement constitutes the entire agreement between the ONLINE STORE and the BUYER. The ONLINE STORE does not assume any conditions or obligations with respect to the subject of the Offer, with the exception of those specified in the Offer, which regulate the execution of the Offer Agreement, except for the case when such conditions or obligations are recorded in writing and signed by authorized representatives of the ONLINE STORE and the BUYER. If any terms of the Appendices or Additional Agreements to the Offer Agreement contradict the terms of the Offer, the provisions of the Offer will prevail.
12.4 The BUYER enters into the Offer Agreement voluntarily, and the BUYER:
a) has fully read the terms of the Offer,
b) fully understands the subject of the Offer and the Offer Agreement,
c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Offer Agreement.
14.5. The BUYER has all the rights and powers necessary to conclude and execute the Offer Agreement.
14.6. If any of the terms of the Offer is recognized as invalid or illegal, or cannot enter into force in accordance with the current legislation of the Russian Federation, such shall be removed from the Offer and replaced with a new provision that best meets the original intentions contained in the Offer, while the remaining provisions of the Offer (Offer agreement) do not change and remain in force.
ONLINE STORE
Individual entrepreneur Borovik Yuliana Vladlenovna Legal address: 108808, Russia, Moscow, Pervomayskoye settlement, Kamenka village, 3rd Parkovaya street, house 26/2, apt. 102
This agreement between the limited liability partnership “Merch Shop (Merch Shop)” and the user of the online store services, hereinafter referred to as the “Buyer”, determines the terms of purchase of goods through the website of the online store https://skryptonite.shop.
limited liability partnership “Merch Shop (Merch Shop)” publishes this purchase and sale agreement, which is a public agreement – an offer (proposal) to individuals and legal entities in accordance with the Order of the Minister of Trade and Integration of the Republic of Kazakhstan (hereinafter referred to as – RK) dated July 19, 2019 No. 5/1
1.2. This public offer (hereinafter referred to as the “Offer”) defines all the essential terms of the agreement between the limited liability partnership “Merch Shop (Merch Shop)” and the person who accepted the Offer.
1.3. This agreement is concluded between the Buyer and the online store at the last stage of placing an order by clicking the “Confirm order” button or by giving consent to the operator to place an order by phone.
The Offer may be accepted (accepted) by any individual or legal entity in the territory of the Republic of Kazakhstan intending to purchase goods provided by the limited liability partnership “Merch Shop (Merch Shop)” through the online store located on the website skryptonite.shop
1.4. The Buyer unconditionally accepts all the terms and conditions contained in the offer as a whole (i.e. in full and without exceptions).
1.5. In case of acceptance of the terms of this agreement (i.e. public offer of the online store), an individual or legal entity accepting the offer becomes the Buyer. Also, acceptance is the fact of payment for the order in the amount and under the terms of this agreement.
The offer, all appendices to it, as well as all additional information about the goods of the limited liability partnership “Merch Shop (Merch Shop)” are published on the website https://skryptonite.shop.
1.6. By placing an order and providing contact information, the client agrees to receive service messages sent to the e-mail address specified when placing the order, as well as via SMS messages about the order statuses. The customer cannot refuse to receive these messages for technical reasons.
1.7. The seller reserves the right to make changes to this agreement, in connection with which the customer undertakes to regularly monitor changes.
2.1. The online store is the property of the limited liability partnership “Merch Shop (Merch Shop)” and is intended to organize the remote method of selling goods via the Internet.
2.2. The online store is not responsible for the content and accuracy of the information provided by the buyer when placing an order.
3.1. The Buyer is responsible for the accuracy of the information provided when placing an order and its purity from claims of third parties.
3.2. The Buyer confirms his consent to the terms and conditions established by this Agreement by putting a mark on the acceptance of the offer agreement and giving consent to the provision of personal data at the last stage of placing an order and clicking the “Confirm order” button or by giving consent to the operator to place an order by phone.
3.3. Using the online store resource to view and select a product, as well as to place an order is free of charge for the Buyer.
4.1. The Seller, based on the Buyer’s orders and on the basis of advance payment, sells the goods to the Buyer in accordance with the terms and at the prices set by the Seller in the offer and appendices thereto.
4.2. Delivery of goods ordered and paid for by the buyer is carried out by the seller or carrier at the expense of the Buyer. The Buyer independently pays for the Delivery. The Buyer has the right to pick up the goods from the seller’s warehouse independently (self-pickup). When placing an order, the Buyer is given the right to choose the delivery method.
4.3. An individual or legal entity shall be deemed to have accepted all the terms of the offer (acceptance of the offer) and appendices thereto in full and without exception from the moment of receipt of funds in payment for the goods to the seller’s bank account (in the case of non-cash payment), or from the moment of receipt of funds in payment for the goods to the payment system operator’s bank account (in the case of payment through payment systems), or deposit of funds into the seller’s cash desk in the manner prescribed by Section 10 of the offer and on the terms established by the seller in the appendices to the offer. In case of acceptance of the offer in one of the above ways, the individual is considered to have concluded a contract of sale and purchase of the ordered goods with the seller and acquires the status of the buyer.
5.1. Buyer – an individual or legal entity who has accepted the terms of the offer in full and without exception (accepted the offer) in accordance with clause 4.3. offers.
5.2. Seller – limited liability partnership “Merch Shop (Merch Shop)”.
5.3. Online store – an Internet site with an Internet address https://skryptonite.shop intended for the sale by the seller to buyers on the basis of an offer of goods belonging to the seller.
5.4. Website – an Internet site with the address https://skryptonite.shop.
5.5. Catalog – information about products posted in the online store.
5.6. Product – any material item or service sold by the seller in the online store.
5.7. Order – the buyer’s decision to purchase a product, made in the online store.
5.8. Place of performance of the contract – the place (address) specified by the buyer, to which the goods are delivered to the buyer by the seller, at the expense of the Buyer, or the seller’s office, if the buyer refuses to deliver the goods by the seller, or the territory of the carrier with whom the buyer has entered into an agreement.
5.9. Representative– an individual who has presented a receipt or other document evidencing the conclusion of the contract. A representative of a legal entity, in addition to the above documents, must present a power of attorney to receive the goods and a passport.
5.10. Carrier– a legal entity or individual entrepreneur who has assumed, under a contract of carriage, the obligation to deliver the goods entrusted to them by the sender from the point of departure to the point of destination, as well as to issue the goods to the recipient. The contract of carriage with the carrier is concluded by the buyer independently in the event of the buyer’s refusal to deliver the goods by the seller, at the expense of the Buyer.
5.11. Parties – jointly the buyer and the seller.
6.1. The buyer can place an order independently, for any product presented on the website of the online store, or through the manager by phone, indicated on the website, for a product that is not a “Made to order” product manufactured directly for the buyer, under the terms of the purchase and sale agreement (public offer of the online store).
6.2. When placing an order in the online store, the buyer is obliged to provide information about himself:
Full name (for individuals) or the full name, TIN (for legal entities) of the buyer of the goods; the address for delivery of the goods; contact phone number and e-mail of the buyer of the goods.
6.3. The buyer expresses his/her will by entering the relevant data in the order form in the online store, or by submitting an application through the online store manager or by e-mail Zhenya.zelinskaya@mail.ru.
6.4. The online store does not edit information about the buyer.
7.1. The goods are presented on the website through photo samples, which are the property of the online store.
7.2. Each photo sample is accompanied by text information: name, size range (if necessary), price and description of the goods.
7.3. All information materials presented in the online store are for reference only and cannot fully convey information about the properties and characteristics of the product, including colors, sizes and shapes. If the buyer has questions regarding the properties and characteristics of the product, the characteristics of the product, the buyer must, before placing an order, contact the seller by phone at the numbers listed on the website.
7.4. At the request of the buyer, the online store manager is obliged to provide (by phone or by e-mail) other information necessary and sufficient, from the buyer’s point of view, for him to make a decision to purchase the product.
7.5. The buyer is notified that by purchasing the product at a discount established in connection with its shortcomings (defects), he loses the right to refer to them in the future.
7.6. The buyer is notified by the seller that the product indicated on the invoice as separate items is in any case not a set.
7.7. The composition of the Product may include ingredients that cause personal allergic reactions and intolerance. In case of contraindications, the Buyer is obliged to notify the ONLINE STORE about it
8.1. The Seller is obliged to:
8.1.1. Deliver the goods in accordance with the terms of the order.
8.1.2. Guarantee that the quality of the goods meets the quality requirements for similar goods in the territory of the Republic of Kazakhstan. Ensure warranty obligations in accordance with the terms of this agreement.
8.1.3. In case of a change in the delivery date, immediately inform the buyer about the change in the delivery terms in order to obtain consent to the new terms of the order in whole or in part. The seller informs the buyer by telephone, SMS-notification, or by e-mail specified by the buyer.
8.1.4. Consider claims in accordance with the terms of this agreement and take steps to satisfy them.
8.1.5. Replace the goods or refund the money based on the terms of this agreement.
8.2. The seller has the right:
8.2.1. Not to accept claims for returned goods in the absence of a consignment note, packaging or loss of its presentation, detection of external damage to the goods, traces of installation or operation, discrepancy between the numbers on the goods and packaging.
8.2.2. Not to accept claims for the return of goods of proper quality, having individually defined properties, or manufactured according to the personal order of the buyer.
8.2.3. Involve third parties in the performance of this agreement.
8.3. The buyer is obliged to:
8.3.1. Provide the exact name of the required product, its number according to the manufacturer’s catalogue, or all the data necessary to accurately determine the required product (colour, version) when placing an order. In case of independent ordering, be responsible for selecting the product according to the catalogues of the manufacturer of the given product.
8.3.2. Pay for the product according to the orders, within the terms and at the price indicated in them.
8.3.3. Upon receipt of the product, the buyer is obliged to check the quantity, completeness, and assortment of the order. In case of shortage or improper type of packaging or product, notify the seller within one day.
8.4. The buyer has the right to:
8.4.1. Demand a refund of the advance payment if the seller is unable to fulfill the terms of the order.
8.4.2. Make changes to the order before the seller starts fulfilling it.
8.4.3. Before the goods are delivered to him, refuse to fulfill the contract, except in cases of delivery of goods “On order”, subject to reimbursement to the seller of transportation costs incurred by the seller in connection with the actions to fulfill this contract.
9.1. The buyer has the right to place an order for any product presented in the online store. Each product can be ordered in any quantity. Exceptions to this rule are specified in the description of each product in the event of promotions, withdrawal of goods from sale, etc.
9.2. The order can be placed by the buyer by phone, indicated on the website or placed independently on the website.
9.3. After placing the order, the seller sends a confirmation of acceptance of the order to the buyer’s e-mail, indicating the name, size, price of the selected product and the total amount of the order, which is an integral part of this contract. Next, the online store manager contacts the buyer (by phone or via email) to clarify information about the order and the delivery time. delivery. Payment of the invoice by the buyer is a confirmation of the placed order.
9.4. If the goods are not in stock and there is a need to manufacture them, the online store manager is obliged to notify the buyer about this (by phone or by e-mail).
9.5. An order for the manufacture of goods for a specific buyer occurs only after 100% prepayment.
9.6. The delivery time of the goods is specified by the manager at the first contact with the buyer after he places the order and is calculated in working days, starting from the moment the funds (advance payment) are credited to the seller’s bank account.
10.1. The buyer has the right to instruct the seller to manufacture a product with individually defined properties; such a product is defined on the website of the online store under the status “Made to order”. Such a product is manufactured either by the seller himself or by third parties under an agreement with the seller.
10.2. The advance payment made by the buyer for the manufacture of the ordered product shall be a confirmation of the order for the product manufactured individually. The buyer also undertakes to purchase this product.
10.3. If the buyer fails to fulfill his obligations to purchase the product manufactured to his order, the advance payment is not refundable, and if the advance payment amount does not compensate for the losses incurred by the seller or manufacturer, the seller has the right to demand full compensation for the loss from the buyer.
11.1. The price of the goods in the online store is indicated in tenge of the Republic of Kazakhstan per unit of goods.
11.2. The price of the goods indicated on the website can be changed by the online store unilaterally, however, the price of the goods ordered and paid for by the buyer is not subject to change.
11.3. The total cost of the order consists of the catalog price of the goods. Delivery is paid by the Buyer independently.
11.4. Information on the cost of delivery services provided to the buyer by the seller when purchasing goods in the online store is indicated in the “Delivery and payment” section.
12.1. The methods and procedure for paying for the goods are indicated on the website in the “Delivery and payment” section. If necessary, the procedure and terms of payment for the ordered goods are negotiated by the buyer with the online store manager.
12.2. After the funds have been credited to the seller’s account, the online store manager agrees with the buyer on the delivery date. The buyer’s obligation to pay the price of the goods is considered fulfilled from the moment the corresponding funds are credited to the seller’s bank account.
12.3. The buyer pays for the order in any way selected in the online store.
12.4. The Parties’ settlements when paying for the order are made in RK tenge.
12.5. For goods from the “On order” category, the buyer is obliged to make an advance payment of 100% of the cost of the goods. Only after the funds in the amount of 100% of the amount specified in the invoice have been credited to the supplier’s bank account, the order for goods from the “On order” category is accepted.
13.1. The methods, procedure and terms of delivery of goods are indicated on the website in the “Delivery and payment” section. The procedure and conditions for delivery of the ordered goods are negotiated by the buyer with the online store manager.
13.2. Delivery of goods by the seller:
13.2.1. The transfer of ownership and the risk of accidental loss, destruction or damage to the goods passes to the buyer at the time of transfer of the goods to the buyer or representative at the delivery address.
13.2.2. Upon delivery, the goods are transferred to the buyer or the buyer’s representative against signature on the invoice provided by the seller.
13.3. Delivery of goods by the carrier (transport company):
13.3.1. The right of ownership and the risk of accidental destruction, loss or damage to the goods shall pass from the seller to the buyer or carrier (in accordance with the agreement concluded between the buyer and the carrier) from the moment of transfer of the goods to the carrier at the place of performance of the agreement upon signing by the Parties of the act of acceptance of the goods (consignment note and/or transport invoice and/or consignment note).
13.3.2. The obligation to transfer the goods to the buyer, including clause 11.3.1. is considered fulfilled from the moment the goods are transferred to the carrier.
13.3.3. The cost of delivery of goods within each order is calculated based on the weight of all ordered goods, the delivery address of the order, the carrier’s rates and is paid by the buyer independently.
13.4. The buyer is obliged to accept the goods by quantity and assortment at the time of their acceptance.
13.5. Upon receipt of the goods, the buyer must, in the presence of a representative of the seller (carrier), check their compliance with the consignment note, verify the quantity, quality, and completeness of the goods by the name of the goods.
13.6. The buyer or representative, upon acceptance of the goods, confirms by their signature on the consignment note that they have no complaints about the appearance and completeness of the goods.
14.1. The buyer has the right to refuse the order only before it is paid for. Return of already paid goods of proper quality, manufactured “To order” is not possible. In case of detection of a defect or any manufacturing faults in the goods, it is possible to exchange it for a similar product of proper quality.
14.2. Return and exchange of goods of PROPER quality or universal goods, made at the request of the buyer due to unsatisfactory properties (color, design, etc.), not related to goods that are not subject to exchange or return or having individually defined properties, is made within 14 (fourteen) business days after its receipt, upon a written application of the buyer, after inspection by a technical specialist, without traces of installation, in the original packaging, with the preservation of all factory emblems and labels. Provided that the buyer compensates for transportation (and other types) costs associated with the delivery of the order to the buyer. The return of such goods is carried out at the expense of the buyer.
14.3. Return and exchange of goods of INADEQUATE quality is made during the warranty period upon a written application of the buyer, after an examination to establish the causes of failure or identified deficiencies. The period for conducting the examination and responding to the buyer’s claim is set at 30 business days. Return and exchange are possible if its presentation, consumer properties, as well as the document confirming the fact and terms of purchase of the specified goods (consignment note) are preserved.
14.4. The refund period is 10 working days from the date of return of the goods (in case of return of goods of proper quality), or from the date of the expert opinion on recognition of the goods as low-quality or defective through no fault of the buyer. The method of refund is determined depending on the method used by the client when paying for the goods.
14.5. Used goods are not accepted for return or exchange!
15.1. The parties are liable in accordance with the legislation of the Republic of Kazakhstan.
15.2. The seller shall not be liable for damage caused to the buyer due to improper use of the goods ordered in the online store.
15.3. The parties shall be released from liability for failure to fulfill or improper fulfillment of obligations under the contract for the duration of force majeure.
16.1. Provision of information by the client:
16.1.1. When placing an order, the client provides the following information: last name, first name, patronymic, address for delivery of orders, e-mail address, contact phone number.
16.2. By providing their personal data, the client agrees to their processing by the seller, including for the purpose of promoting the seller’s goods and services.
16.3. Use of information provided by the client and received by the seller.
16.3.1. The seller uses the information:
To process the client’s orders and to fulfill its obligations to the client;
To evaluate and analyze the site’s performance;
To determine the winner in promotions held by the seller;
To analyze the client’s purchasing characteristics and provide personal recommendations;
To participate the client in savings and loyalty programs;
To inform the client about promotions, discounts and special offers via email and SMS mailings.
16.3.2. The seller has the right to send the client messages of an advertising and informational nature, which are an integral part of these terms. If the client does not want to receive mailings from the seller, he must change the subscription settings in incoming messages.
16.4. Disclosure of information received by the seller:
16.4.1. The seller undertakes not to disclose the information received from the client. Provision of information by the seller to agents and third parties acting in fulfillment of the seller’s obligations to the client shall not be considered a violation.
16.4.2. Disclosure of information in accordance with reasonable and applicable requirements of the law shall not be considered a violation of obligations.
16.5. The seller has the right to use cookie technology. «Cookies» do not contain confidential information and are not transferred to third parties.
16.6. The seller receives information about the IP address of the visitor to the site https://sstroy.kz. This information is not used to identify the visitor.
16.7. The seller is not responsible for the information provided by the client on the site in a publicly available form.
17.1. The legislation of the Republic of Kazakhstan applies to the relations between the buyer and the seller.
17.2. If necessary, the seller and the buyer have the right at any time to execute a contract of sale and purchase of goods in the form of a written bilateral agreement that does not contradict the provisions of this offer.
17.3. In case of any questions or claims from the buyer, he/she should call: +77024311243 or by e-mail: Zhenya.zelinskaya@mail.ru
17.4. This agreement shall enter into force on the date of acceptance of this offer by the buyer and shall be valid until the Parties have fully fulfilled their obligations.
17.5. All disputes and disagreements arising during the fulfillment by the Parties of their obligations under this agreement shall be resolved through negotiations. If they cannot be resolved, the Parties have the right to seek judicial protection of their interests.
17.6. The online store reserves the right to expand and reduce the product offering on the site, regulate access to the purchase of any goods, and suspend or terminate the sale of any goods at its sole discretion.
Name:
Limited Liability Partnership “Merch Shop (Merch Shop)”
Location:
Kazakhstan, Almaty city, Almalinsky district, st. Auezova, d. l4A
Head:
Head appointed (elected) by the authorized body of the legal entity BOROVIK YULIANA VLADLENOVNA
Founders (participants):
BOROVIK YULIANA VLADLENOVNA