OFFER OF IP NAZAROV E.V. ON CONCLUSION OF A CONTRACT OF RETAIL SALE BY REMOTE METHOD AS OF 10.04.2019
This Public offer is valid until the acceptance of the offer in a new version.
1. general provisions
1.1 This document is a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation, and contains the proposal of the Seller to conclude an agreement of retail sale of goods with any individual who has reached the age of 18 years on the basis of familiarization with the description of goods presented on the Site.
1.2 In its activities, the Seller is guided by the provisions of the Civil Code of the Russian Federation on retail sale (§ 2, Ch. 30), the Law of the Russian Federation "On Protection of Consumer Rights", as well as the Rules for the sale of Goods by remote method, approved by the Government Resolution No. 612 of 27.09.2007, and other legal acts of the Russian Federation. Consumer protection legislation applies to the Buyer if the Goods were purchased by the Buyer for personal, family, home or other use not related to business activities.
1.3 The following terms have the following meanings in this Offer:
Seller - Individual entrepreneur Elena Viktorovna Nazarova, address of location: 115184, Moscow, Novokuznetskaya dom 13 pp. 1 quarter. 45, carrying out activities on the sale of goods with the trademark "ABRAKADABRA" and selling the goods, the description of which is presented on the Seller's website.
Buyer (User) - a natural person who has reached the age of 18 years or a legal entity that acquires the Goods only for personal needs, not related to the implementation of business activities, has concluded an agreement with the Seller on the terms contained in this Offer.
"Offer" - this document, which is a public offer of the Seller, addressed to any individual / legal entity, to conclude an agreement of retail sale of goods (hereinafter - "Agreement") on the terms contained in the Offer, including all its annexes.
"Acceptance" means full and unconditional acceptance by the Buyer of the terms and conditions of the Agreement. Acceptance is the fact that the Buyer has placed an order for the goods offered by the Seller. Execution of the Order means acceptance (consent) of the Buyer with the terms and conditions of this Offer in full without any restrictions, withdrawal, reservations or exceptions.
"Goods" - goods with the trademark "ABRAKADABRA", the assortment list of which is presented on the Seller's website.
"Order" - the Buyer's intention to purchase the Goods defined by him/her expressed by filling in the electronic form presented on the Seller's Website or orally, at the phone number specified on the Website.
"Delivery" - services on delivery of Goods to the address specified by the Buyer and its transfer to the Buyer or to the person specified by the Buyer.
"Courier Service" - a third party determined by the Seller, which delivers the Goods to the Buyer.
"Website" means a set of electronic resources available for viewing by Buyers in the Internet in the domain www.abrakadabra.store
"Card" means the Buyer's bank card, which allows the Buyer to make payments for the Goods purchased from the Seller under the Agreement.
Taking into account the importance of the above, it is strongly recommended that a person interested in buying the Goods on the terms and conditions set forth in this Offer carefully read its text, and in case of disagreement with any of its points, it is proposed to refuse to buy the Goods provided by the Seller.
2. Subject of the contract.
The Seller undertakes to sell, and the Buyer undertakes to accept and pay for the Goods at the prices specified in the description of Goods on the corresponding page of the Seller's Website as of the date of placing the Order, on the terms and conditions of this Offer, the current version of which is posted on the Seller's Website. The Agreement shall be deemed concluded from the moment of receipt by the Seller of the notification of the Buyer's intention to purchase the goods in the form of a completed Order for the purchase of goods.
Description and price of the Goods.
3.1 The availability of the Goods presented on the Seller's Website shall be determined by the individual status of the Goods displayed in the catalogue, as well as on the Goods card with its detailed description. Part of the Goods presented on the Website is accompanied by the Seller's own photo images. Image and cost of goods, information about its availability, size, possible colors, composition of goods are specified on the Seller's website.
3.2 All information materials presented on the Seller's Website are not advertising, are of reference nature and cannot fully transfer reliable information about certain properties and characteristics of the Goods, such as: color, shape, size and packaging. If the Buyer has any questions concerning the properties and characteristics of the Goods, the Buyer has the right to seek advice before entering into the Agreement by contacting the Seller's phone number specified in the section "Contacts" on the Seller's website located at https://abrakadabra.store/page/contacts
3.3 The product may have minor differences from the image presented on the Site in color, shape, size or other parameters. In cases stipulated by the legislation of the Russian Federation, the product has all the necessary certificates and fully complies with the norms and requirements of the legislation of the Russian Federation.
3.4 Sale of Goods in accordance with the terms and conditions of the Contract shall be carried out in real time (24 hours a day). The Seller has the right to change the price of the goods and information about their availability at any time at its own discretion. After the Buyer has placed an Order, the cost of the Goods specified by him in the Order is not subject to change.
4. placement of the Order.
4.1 The Buyer shall place an Order for the Goods in one of the following ways:
- independently using the service of the Seller's Website.
- by contacting the Seller's contact phone number specified in the section "Contacts" on the Seller's website and located at https://abrakadabra.store/page/contacts
4.2 When placing the Order, the Buyer undertakes to inform the following information:
- name, surname, patronymic (in Russian);
- actual delivery address of the Goods;
- e-mail address (when placing an Order on the Website);
- contact phone number;
- Name of Goods, article, brand, variety, number of items included in the set of purchased goods, price of goods;
- additional information at the Buyer's discretion.
4.3 The fact of receipt of the Buyer's Order is confirmed by the Seller in one of the following ways
- by making an outgoing call by the Seller via one of the contact phone numbers specified by the Buyer and subsequent confirmation by the Buyer of the information contained in the Order and/or specification of the Delivery conditions;
- By sending a message by the Seller to the Buyer's e-mail address. At the same time, the Order shall be accepted by the Seller for execution only after agreement on the composition of the Order, its cost and method of delivery, and the corresponding notification of the Buyer by the Seller.
4.4 At the time of placing the Order, an individual number will be assigned and communicated to the Buyer. At any time on the Seller's Website, the Buyer may monitor the status of his order (including information on the date of order placement, shipment date, etc.).
5. Payment for Goods.
When placing an Order, the Buyer chooses one of the payment methods offered to him:
- by bank card when placing an order;
- cash payment to the courier when receiving the order;
- on a Sberbank receipt.
Payment for Goods when placing an order by contacting the Seller's phone number shall be made by the Buyer only upon its receipt.
5.1 The advance payment for the Goods by bank card when placing an order on the Seller's website shall be made by the Buyer in one of the following ways:
- by making a transaction to pay for the Goods using the Card in accordance with the procedure established by the current legislation of the Russian Federation and the agreement between the credit institution that issued the Card and the Buyer;
- by performing transactions with electronic funds in accordance with Federal Law No. 161-FZ of 27.06.2011 "On the national payment system.
5.2 Payment for the Order under the Sberbank Receipt shall be made by the Buyer within 5 (five) days from the date of receipt of the Order confirmation from the Seller and a letter to e-mail with a PDF file of the completed receipt.
5.3 Payment for the Order upon receipt of the Goods shall be made by the Buyer to the representative of the Courier Service in cash in compliance with the requirements of the current legislation of the Russian Federation. Payment for the Goods and issue of a cash voucher (other document) shall be made at the moment of transfer of the Goods from the Courier Service to the Buyer.
6. Delivery and receipt of the Order.
6.1 Conditions of Goods Delivery, namely the term of Delivery and its cost, shall be established by the Seller and posted on the Website. The total cost of the Order, including the cost of delivery by the method chosen by the Buyer, shall be calculated individually and notified to the Buyer at the moment of confirmation of the Order. The cost of delivery may be changed if the delivery address of the order is changed. Payment for delivery shall be made by the Buyer simultaneously with payment for the Order.
6.2 Delivery of Goods may be carried out by the Seller with the involvement of Courier services.
6.3 Upon Delivery, the Order shall be delivered directly to the Buyer or to another person specified by the Buyer as the recipient of the Order.
6.4 Upon delivery of the prepaid Order, the Courier shall have the right to request the recipient's identity documents in order to prevent fraud. At the same time, the Seller guarantees confidentiality and protection of the Personal Information of the recipient.
6.5 When delivering the Goods to the Buyer, it is necessary to check the integrity of the outer package of the parcel, after which to put a date and signature on the form, confirming that there are no claims to the appearance and integrity of the package. Examination of the Goods in the Order is possible only after the full payment of the Order, if the option of preliminary fitting of the goods is not provided for when placing the order on the website. If there is an option "Example" when placing an order, the buyer has the right to carry out free fitting of the ordered Goods before the payment of the Order and to carry out a full or partial refusal of the Goods. All settlements with the Courier shall be made no more than 15 minutes before the payment.
6.6 Ownership of the Goods, as well as the risk of their accidental loss or damage, shall pass to the Buyer from the moment the Buyer signs the waybill for the transfer of the Goods in respect of which the Seller and the Buyer have concluded the Agreement. If the Order is received in the Seller's Retail Network, the proof of the transfer of ownership and risk shall be the fact that the Order is paid at the Retail Network cash desk.
6.7 The Order shall be deemed to have been delivered at the time it is handed over to the Buyer. By accepting the Goods, the Buyer confirms the execution of the Order.
7. Return of Goods.
7.1 In accordance with the Decree of the Government of the Russian Federation of September 27, 2007 N 612. "On approval of the Rules for the Remote Sale of Goods", the Buyer shall have the right to refuse the Goods at any time prior to their receipt.
7.2 If the Buyer cancels the Order at the moment of delivery by the Buyer, the Seller's expenses for the Order delivery shall be paid in the amount specified in the consignment note.
7.3 In case of return of the amount of advance payment made by the Buyer in non-cash form, including the use of electronic money to pay for the Goods, the bank and other commissions paid by the Buyer in this regard shall not be compensated by the Seller.
7.4 Return of goods shall be carried out in accordance with the Rules of sale of Goods by remote method approved by the Resolution of the Government of the Russian Federation dated September 27, 2007 and the Law "On Protection of Consumer Rights".
7.5 The Buyer shall return the Goods by sending a parcel to the Seller: 115184, Moscow, Novokuznetskaya dom 13 pp. 1 sq. 45, IP Nazarova E.V. Return of goods with the condition of payment on delivery is not allowed. In case of violation of this condition by the Buyer, the Seller is released from the obligation to receive this shipment and payment.
7.6 Return of Goods of proper quality:
7.6.1 The Buyer has the right to refuse such Goods within 14 days after their receipt.
7.6.2 Return of the Goods of proper quality is possible in case its trade appearance, consumer properties are preserved, the original packing is not damaged, the document confirming the fact and conditions of purchase of the said Goods is preserved
7.6.3 Costs related to the return of Goods of proper quality shall be borne by the Buyer.
7.6.4 In case of refusal of the Buyer from the Goods, the Seller is obliged to return to the Buyer the amount paid according to the Agreement not later than within 10 days from the date of submission of the corresponding request by the Buyer, provided that the returned Goods are received by the Buyer.
7.7 Return of Goods of improper quality
7.7.1 The Buyer shall have the right to claim the Seller for the defective Goods within 20 days from the date of receipt.
7.7.2 Return of Goods of improper quality is possible only after notifying the Seller about it by phone specified in the section "Contacts" on the Seller's website and located at https://abrakadabra.store/page/contacts and by e-mail https://abrakadabra.store/page/contacts
7.7.3 The return shipment of the Goods is initially made at the expense of the Buyer. Upon receipt of the Goods and confirmation of the presence of the declared defects that have arisen not through the fault of the Buyer, the Seller undertakes to reimburse these costs not later than 10 days from the date of the Buyer's submission of the relevant request, subject to the receipt of the returned Goods at the Seller's warehouse.
8. Responsibility of the parties.
8.1 The Buyer is solely responsible for the content and accuracy of the data provided at the conclusion of the Agreement. The Seller shall be released from liability for any violation of the terms and conditions of Delivery if the Buyer has provided false information about himself upon conclusion of the Agreement.
8.2 Failure of the Buyer to pay the advance payment for the Goods within the period specified in clauses 5.1 and 5.2 shall be recognized by the Seller as a unilateral refusal of the Buyer to perform the Agreement, which shall mean the unilateral termination of the Agreement concluded between the Buyer and the Seller (at the initiative of the Buyer) and shall result in termination:
- the obligation of the Seller to sell the Goods to the Buyer on the terms and conditions of advance payment;
- the rights of the Buyer's claim against the Seller to sell the Goods to the Buyer on the terms of advance payment.
8.3 The Seller is not responsible for the improper use of the Goods purchased under the Agreement by the Buyer.
8.4 The Seller reserves the right to refuse to enter into the Agreement with the Buyer in case of his systematic refusal to receive the previously ordered Goods, which is equivalent to abuse of the right.
9. Confidentiality of information.
9.1 The Seller undertakes to process the Buyer's personal data in accordance with the procedure established by the current legislation and "Policy of IP Nazarov E.V." with regard to the organization of processing and security of personal data. The Seller shall ensure confidentiality of personal data about the Buyer in accordance with the legislation of the Russian Federation in the field of personal data.
9.2 In order to conclude the Agreement on the terms and conditions of this Offer, as well as for the proper performance of the concluded Agreement by the Seller, the Buyer gives its consent to the Seller and persons authorized by the Seller to process their personal data. The Seller undertakes to ensure the confidentiality of the Buyer's personal data in accordance with the legislation of the Russian Federation in the field of personal data and not to disclose the Buyer's data to third parties, not related to the performance of the Agreement, without observing the appropriate confidentiality regime.
9.3 For communication with the Buyer, the Seller has the right to use various communication channels, such as telephone, catalogues, direct mail, e-mail, etc.
9.4 The Buyer is aware of and agrees that for the purposes of entering into and performing the Agreement, the Buyer's personal data may be communicated by the Seller to the Courier Services on a confidential basis.
9.5 The Seller has the right to record telephone conversations with the Buyer. In accordance with Clause 4 of Article 16 of the Federal Law "On Information, Information Technologies and Information Security", the Seller undertakes to prevent unauthorized access to information about the Buyer and/or its transfer to persons who are not directly related to the performance of the Agreement, as well as to detect and prevent such attempts in a timely manner
9.6 Upon fulfilment of the terms and conditions of the Agreement by the parties, the Buyer has the right to request the temporary or final deletion of its Personal Data from the Seller's database. After the deletion of the Buyer's personal data, the Buyer will not be able to carry out any further Orders until the Buyer's personal data has been resubmitted.
10. Protection of intellectual property.
All text information and graphics on the Seller's website are the property of the Seller. The use of such information and/or images by any third parties without the Seller's consent is a violation of the Seller's rights and may entail liability under applicable Russian law.
11. Other conditions.
The legislation of the Russian Federation shall apply to the relations between the Buyer and the Seller not regulated by this Agreement.
If the Buyer has any questions or claims against the Seller, the Buyer may declare them in one of the following ways
- contact the Seller's contact phone number specified in the section "Contacts" on the Seller's website located at https://abrakadabra.store/page/contacts
- send a letter or complaint in writing to the next address of the Seller: 115184, Moscow, Novokuznetskaya dom 13 pp. 1 quarter 45, IP Nazarova E.V;
- send an e-mail to the Seller's address: abrastore@yandex.ru
All disputes arising between the parties will be resolved through negotiations, in the event of failure to reach an agreement, the dispute may be referred to a judicial body in accordance with current legislation of the Russian Federation.
The Seller has the right at any time to make changes in the terms of this Offer, the Retail Sale Agreement, notifying the Buyer and other persons by placing the text of this Offer in a new version on the Seller's website. Changes come into force for Buyers and third parties from the date of placement of the Offer text in a new version on the Seller's Website or the date specified in the Offer.
Privacy Policy
This document "Privacy Policy" (hereinafter - the "Policy") is the rules for the use of personal information of the User by the site - www.abrakadabra.store [IP Nazarova E.V.] (hereinafter - the Operator), which the Operator, including all persons belonging to the same group with the Operator, can get about the User during the use of any of the sites, services, services, programs, products or services of the Operator (hereinafter - the Site) and in the course of the Operator's performance of any agreements and contracts with the User. The User's consent to the Policy, expressed by him within the framework of relations with one of the listed persons, applies to all other listed persons. Use of the Site means the unconditional consent of the User with this Policy and the conditions of processing of his personal information specified in it; in case of disagreement with these conditions the User should refrain from using the Site.
1. general provisions of the policies
1.1 This Policy is an integral part of the Public Offer (hereinafter - the "Offer"), posted and/or available on the Internet at: https://abrakadabra.store/page/oferta, as well as other contracts concluded with the User, when it is expressly provided for by their terms.
1.2 This Policy is drawn up in accordance with the Federal Law "On Personal Data" No. 152-FZ dated July 27, 2006, as well as other regulatory legal acts of the Russian Federation in the field of personal data protection and processing, and is valid for all personal data that the Operator may receive from the User, who is a party to a civil law contract.
1.3 The Operator shall have the right to amend this Policy. When making changes in the title of the Policy, the date of the last update of the version is indicated. The new version of the Policy comes into force from the moment of its placement on the website, unless otherwise provided by the new version of the Policy.
1.4 The legislation of the Russian Federation shall apply to this Policy, including interpretation of its provisions and the procedure for acceptance, execution, modification and termination.
2. Personal information of Users processed by the Website
2.1 Personal information in this Policy is understood to mean
2.1.1.1.information provided by the User himself/herself during registration (account creation) or while using the Website, including User's personal data. Information required to be provided by the Site is marked in a special way. Other information is provided by the User at his discretion;
2.1.2.data, which are transmitted automatically to the Site in the process of their use by means of the software installed on the User's device, including IP-address, cookies, information about the User's browser (or other program, which is used to access the Site), technical specifications of the equipment and software used by the User, date and time of access to the Site, addresses of requested pages and other similar information;
2.1.3. other information about the User, processing of which is provided by the terms and conditions of use of the Website.
2.2 This Policy applies only to information processed during the use of the Site. The Site does not control and is not responsible for the processing of information by third party websites, to which the User may click on the links available on the Site.
2.3 The Site does not verify the authenticity of personal information provided by the User, and is not able to assess its effectiveness.
3.Purposes of processing personal information of Users
3.1 The Site collects and stores only the personal information that is necessary for the provision of services or performance of agreements and contracts with the User, except in cases where the legislation provides for mandatory storage of personal information for a period specified by law.
3.2 Personal information of the User is processed by the Site for the following purposes:
3.2.1. identification of the party within the framework of services, agreements and contracts with the Website;
2.2.2. provision of personalized services to the User, as well as performance of agreements and contracts;
2.2.3. sending notices, requests and information regarding the use of the Website, performance of agreements and contracts, as well as processing of requests and applications from the User;
2.2.4. improvement of the quality of the Website operation, convenience of its use for the User, development of new services and facilities;
2.2.5. targeting of advertising materials;
2.2.6. carrying out statistical and other researches on the basis of impersonal data.
4. Terms of processing of personal information of Users and its transfer to third parties
4.1 The User's personal information shall be kept confidential, except for the cases when the User voluntarily provides information about itself to the general public.
4.2 The Site has the right to transfer the User's personal information to third parties in the following cases:
4.3.1 The User has agreed to such actions;
4.3.2 Transfer is necessary for the User to use a certain service or to fulfill a certain agreement or agreement with the User;
4.3.3 Transfer is necessary for the functioning and efficiency of the Website itself;
4.3.4 Transfer is provided for by Russian or other applicable laws within the procedure established by law;
4.3.5 Such transfer takes place within the framework of sale or other transfer of business (in full or in part), and all obligations on observance of the terms of this Policy with regard to personal information received by the purchaser pass to the purchaser;
4.3.6 In order to protect the rights and legitimate interests of the Website or third parties in cases where the User violates the User Agreement of the Website, this Policy, or documents containing the terms of use of specific services.
4.3.7 As a result of processing of the User's personal information by means of depersonalization, impersonalized statistical data were received, which are transferred to a third party for research, work or services on behalf of the Site.
5.Changing and deleting personal information. Mandatory data storage
5.1 The User may at any time change (update, supplement) the personal information provided by him or her, or part of it, by contacting the Site by contacts in section 9. "Contacts".
5.2 The rights provided for in the Paragraphs 5.2. and 5.2. 5.1. of this Policy may be limited in accordance with the requirements of the law. For example, such restrictions may provide for the obligation of the Site to retain the changed or deleted information of the User for the period established by law, and to transfer such information in accordance with the procedure established by law to the state body.
6. Processing of personal information by means of cookies and counters
6.1 Cookies transferred by the Site to the User's equipment and the User's equipment on the Site may be used by the Site to provide the User with personalized services, to target advertisements that are shown to the User for statistical and research purposes, as well as to improve the Site.
6.2 The User is aware that the equipment and software used to visit websites may have the function of prohibiting the use of cookies (for any website or for certain websites), as well as removing previously received cookies.
6.3 Yandex has the right to establish that the provision of a certain service or service is possible only if the User has the right to accept and receive cookies.
6.4 The structure of the cookie, its content and technical parameters are determined by the Site and may be changed without prior notice to the User.
6.5 The counters placed by the Site, can be used for the analysis of files of cookie of the User, for gathering and processing of the statistical information on use of the Site, and also for maintenance of workability of the Site as a whole or their separate functions in particular. Technical parameters of counter operation are determined by the Site and may be changed without prior notice to the User.
7. Protection of personal information of the User
7.1 The Website takes necessary and sufficient organizational and technical measures to protect the User's personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties with it.
8. Changes to the Privacy Policy
8.1 The site has the right to change this Privacy Policy. When making changes in the current version the date of the last update is indicated. The new version of the Policy comes into force from the moment of its placement, unless otherwise provided by the new version of the Policy. The current version is constantly available on the page at https://abrakadabra.store/page/oferta .
9.Contacts and questions on personal data
9.1 All offers, questions, inquiries and other appeals regarding this Policy and the use of personal data may be directed to the Site by the User:
-to the e-mail address: abrastore@yandex.ru
-to the postal address: 115184, Moscow, Novokuznetskaya street, 13 pp. 1 quarter 45 / FE Nazarova E.V.
Date of publication: 10.07.2019 г.