1. Subject of the Offer Agreement.
1.1. The SELLER agrees to transfer ownership of the goods to the BUYER, and the BUYER agrees to pay and accept the goods ordered in the online store.
2. The moment of agreement execution.
2.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
2.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), if the conditions set forth below and payment for services are accepted, the legal or natural person who accepts this offer becomes the BUYER (in accordance with paragraph 1 and paragraph 3 of Article 438 The Civil Code of the Russian Federation acceptance of the offer is equivalent to concluding an agreement on the conditions set forth in the Offer), and the SELLER and the BUYER jointly - the parties of the Offer Agreement.
2.3. The fact of placing the ORDER of GOODS at the SELLER, either independently or through the operator, is the unconditional acceptance of this Agreement, and the BUYER is considered as a person who entered into a contractual relationship with the SELLER. If the BUYER does not agree with its terms, or with any clause of the conditions, the SELLER offers the BUYER to refuse to conclude the Offer Agreement and the use of the SELLER’s services.
2.4. Placing the ORDER:
The BUYER goes through the process of placing an order on the SELLER’s Website with the obligatory confirmation of acknowledgment with the terms of this Offer Agreement.
The BUYER is responsible for the accuracy of the information provided during registration and placing the order. Otherwise, the SELLER is not responsible for timely delivery.
The registered BUYER of the online store has the right to place an Order for any GOODS presented on the Website and available at the SELLER’s warehouse.
By placing the Order on the Website of the Online Store, the BUYER assumes obligations to pay for the Order / GOODS and its acceptance, and the SELLER assumes obligations for the delivery of the paid Order / GOODS to the BUYER’s property. Orders are accepted by the SELLER through the order acceptance system integrated into the SELLER’s Website, as well as by telephone. The SELLER is entitled to limit the number of GOODS that the buyer adds to the Order, informing the BUYER about it.
Upon receipt of the Order, the SELLER appoints a responsible manager who, on behalf of the SELLER, agrees with the BUYER on all essential terms, including delivery, order cost and payment of the GOODS.
In case of absence of the GOODS in the SELLER’s warehouse, the latter is obliged to inform the BUYER in writing (by e-mail) or verbally (by telephone). In this case, the BUYER has the right to replace the missing PRODUCT with a similar PRODUCT / waive this PRODUCT / cancel the Order.
The BUYER has the right to completely or partially refuse to purchase the GOODS at any time prior to paying for the GOODS by notifying the SELLER by e-mail from the address indicated by the BUYER during the registration on the Website, as well as by phone or upon delivery of the GOODS by the representative of the delivery service (own delivery service or delivery partner working with the SELLER under the contract).
The SELLER reserves the right to unilaterally terminate the acceptance of Orders from the BUYER and the SHIPPING of the GOODS to the BUYER, as well as to limit the right of the BUYER to participate in the Promotional campaigns held by the SELLER if the BUYER systematically violates the terms of this Offer Agreement or has an adverse effect on the operation of the online store by excessive work load of online store services. Based on the received Order and agreed terms, the SELLER will ship the Goods to the BUYER.
3. PRODUCT price.
3.1. The prices in the online store are indicated in Russian rubles per unit of GOODS.
3.2. In case of an incorrectly indicated price, the SELLER is obligated to notify the BUYER about it as soon as possible. In this case, the BUYER has the right to refuse to purchase the GOODS in whole or in part. If it is not possible to contact the BUYER, the Order is considered canceled.
3.3. The SELLER reserves the right to change prices unilaterally. Moreover, the price of GOODS paid by the BUYER earlier is not subject to change.
3.4. The SELLER is entitled to provide the Buyer with discounts for the Goods and / or establish various bonus programs, hold promotions, provide a discount of the Loyal Customer to BUYERS. The types of discounts, bonuses, the procedure and conditions for accrual are indicated on the Website and can be changed by the SELLER unilaterally.
3.4.1. The SELLER has the right to establish discounts in order to promote a particular method of payment or delivery of the Goods, to conduct advertising campaigns. In this case, the SELLER may limit the terms of the discounts application.
3.4.2. If the BUYER participates in the promotional campaigns held by the SELLER, he is obliged to strictly comply with its conditions specified on the SELLER’s Website. In case of violation of the conditions, the promotional offer ceases to be valid in relation to the Goods purchased by the BUYER.
3.4.3. Special offers, as well as bonuses and discounts are not cumulative. The discount of a regular BUYER does not apply to Goods participating in promotions and / or to Goods sold at a discount as part of another special offer.
4. Payment for the GOODS.
4.1. In case of cash payment, the BUYER is obliged to pay the SELLER the price of the GOODS at the time of its delivery, and the SELLER is obliged to provide the BUYER with a cashier’s receipt or sales receipt or other document confirming the payment of the GOODS.
4.2. The total cost of the Order consists of the cost of the GOODS in the online store, the cost of delivery and the cost of other services.
4.3. The BUYER pays for the Order by any mean selected in the online store.
4.4. In case of non-cash form of payment, the BUYER’s obligation to pay the GOODS price is considered fulfilled from the moment of receipt of funds to the SELLER’s current account in the amount of 100% (one hundred percent) prepayment.
4.5. In case of non-cash form of payment, delay in payment by the BUYER of the price of the GOODS for a period of more than 3 (three) days is a material violation of this agreement. In this case, the SELLER has the right to unilaterally without applying penalties to refuse to execute this agreement by notifying the BUYER about it.
4.6. GOODS are delivered to the BUYER at prices, name, in the amount corresponding to the BUYER'S ORDER.
5. PRODUCT delivery.
5.1. The SELLER delivers the GOODS using his own or third-party delivery service.
5.2. The cost of delivery of GOODS in Russia, is FREE in case ORDER value exceeds 5000 rubles.
5.3. When delivering the GOODS to the BUYER, the representative of the delivery service has the right to demand a document proving the identity of the BUYER in order to combat fraud.
5.4. THE SELLER is obligated to deliver the GOODS in Moscow within the Moscow Ring Road, ordered by the BUYER, within THREE working days from the order is confirmed by the BUYER.
5.5. THE SELLER is obligated to send the GOODS ordered by the BUYER from another region, by means of third-party delivery service, within THREE working days from the order is confirmed by the BUYER.
5.6. Ownership of the GOODS and all risks associated with the right of ownership are passed to the BUYER at the time of receipt of the GOODS by the BUYER, that is confirmed by the BUYER’s signature in the shipping documents confirming delivery.
5.7. In the event of a change of the delivery time, the SELLER is obligated to immediately inform the BUYER of a change of the delivery conditions in order to obtain consent to the new conditions for the execution of the Order in whole or in part. The SELLER informs the Buyer by telephone or electronic communication.
5.8. DELIVERY OF THE GOODS TO THE BUYER is carried out to the address and within the time agreed by the BUYER and the SELLER’s manager when placing the ORDER.
5.10 Failure of the BUYER to come or failure to take other necessary actions to take the GOODS may be considered by the SELLER as a refusal of the BUYER to execute the AGREEMENT.
6. Warranty for the GOODS.
6.1. For all GOODS sold in the online store, there are all the necessary certificates for sale in accordance with the legislation of the Russian Federation.
6.2. The expiration date of the GOODS and storage conditions are indicated on the packaging of the GOODS, as well as on the Website.
6.3. The SELLER provides a 5-years guarantee for all thermoses, and 1-year guarantee for insulated products, from the date of purchase of the GOODS.
7. Rights and obligations of the parties.
7.1. The SELLER shall:
7.1.1. Prior to concluding the contract, provide the BUYER with information about the main consumer properties of the GOODS, the address (location) of the SELLER, the place of manufacture of the GOODS, the full brand name (name) of the SELLER, the price and conditions of purchase of the GOODS, its delivery, the warranty period, storage rules, the payment procedure for the GOODS, as well as the period during which the proposal to conclude the Agreement is valid on the website of the online store.
7.1.2. Not disclose any private information of the BUYER and not to provide access to this information to third parties, with the exception of cases stipulated by Russian law.
7.1.3. Provide the BUYER with the opportunity to receive free telephone consultations by phone numbers indicated on the Website of the Online Store. The scope of consultations is limited to specific issues related to the implementation of the ORDER.
7.1.4. The SELLER reserves the right to amend this AGREEMENT unilaterally until its execution.
7.1.5. Provide the BUYER in writing on the Website with information about the GOODS provided for in Article 10 of the Federal Law "On Protection of Consumer Rights", as well as information provided for in clause 9 of this Agreement on the procedure and timing for returning the goods.
7.2. BUYER shall:
7.2.1. Prior to concluding the AGREEMENT acknowledge with the contents of the Offer Agreement, the terms of payment and delivery on the Website of the Online Store.
7.2.2. Provide accurate information about himself (name, contact numbers, email address) and details for the delivery of the GOODS.
7.2.3. Accept and pay for the GOODS within the period specified in this AGREEMENT.
8. Responsibility of the parties and dispute resolution.
8.1. The parties are responsible for non-performance or improper performance of this Agreement in the manner provided for by this Agreement and the current legislation of the Russian Federation.
8.2. The seller is not responsible for the delivery of the Order if the BUYER indicated the wrong delivery address.
8.3. The SELLER is not liable if the BUYER's expectations about the consumer properties of the GOODS were not justified.
8.4. When placing the Order the BUYER is responsible for the accuracy of the information provided about him, and also confirms that he has read and agrees with the terms of this Agreement.
8.5. The SELLER is not responsible for the inability to service the BUYER for any reasons beyond his control, including disruption of communication lines, equipment malfunction, failure to fulfill obligations of suppliers of certain services, etc.
8.6. If, for any reason, the SELLER does not ship the GOODS to the Buyer or ships the GOODS in violation of the deadlines, the SELLER’s liability for the violation of the contract shall be limited to the extension of the delivery time of the Goods.
8.7. The SELLER under no circumstances under the Offer Agreement shall be liable for:
a) any actions and / or omissions resulting directly or indirectly from the actions / omissions of any third parties;
b) any indirect losses and / or lost profits of the BUYER and / or third parties, regardless of whether the SELLER could have foreseen the possibility of such losses or not;
c) use (inability to use) and any consequences of use (inability to use) by the BUYER of the chosen form of payment for the GOODS under the Offer agreement.
8.8. The SELLER’s total liability under the Offer agreement, for any claim or claim in respect of the Offer agreement or its execution, is limited to the amount of payment paid to the SELLER by the BUYER under the Offer agreement.
8.9. Without contradicting the above, the SELLER shall be released from liability for violation of the terms of the Offer Agreement, if such violation is caused by force majeure circumstances (force majeure), including: actions of state authorities, fire, flood, earthquake, other natural actions, absence electricity and / or computer network malfunctions, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the seller’s performance of the Offer Agreement.
8.10. All disputes and disagreements arising in the performance by the PARTIES of their obligations under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the PARTIES are entitled to apply for judicial protection of their interests.
9. Return and replace of goods.
9.1. Claims for GOODS of poor quality.
PRODUCT of poor quality means a PRODUCT that cannot ensure the performance of its functional qualities. Received GOODS must match the description on the Website. PRODUCT whose design elements or design are different from those stated in the description on the Website is not an improper PRODUCT.
The appearance and product range of the GOODS, as well as the completeness of the entire order, must be checked by the BUYER at the time of delivery of the GOODS (except for delivery by mail or a third-party delivery / courier service). Upon delivery of the GOODS, the BUYER puts a mark and a seal in the warranty card: “The goods were delivered in good condition, in the proper product range, the packaging has no external mechanical damage. The product is in its original packaging. ” After receiving the order, claims against external defects of the GOODS, its quantity, product range and / or presentation are not accepted.
If the GOODS of poor quality are delivered to the BUYER, and it was not agreed upon by the SELLER in advance, the BUYER is entitled to use the provisions of Art. 18 of the Law on the Protection of Consumer Rights and demand the replacement of the GOODS, refuse to fulfill the contract of sale, return the GOODS of poor quality and demand the return of the money paid for the goods. The SELLER is obliged to accept the GOODS of poor quality from the BUYER and conduct a quality check of the goods (examination) within 20 days from the date of submitting of specified claim.
Upon confirmation of the poor quality of the GOODS, the SELLER is obliged to return the money paid for the GOODS. The refund to the BUYER shall be made within 10 (ten) banking days after the positive decision of the examination (admission of the GOODS having inadequate quality by the quality examination) to the BUYER’s bank account. By additional agreement, it is possible to transfer funds by courier, if payment was made in cash.
When returning GOODS of good quality, the returned amount of money will be reduced by the amount of the commission for transferring money to the BUYER’s account or by the courier’s departure to return the money, as well as the cost of returning the GOODS from the BUYER back to the SELLER. When returning the GOODS of poor quality, the SELLER reimburses the BUYER the cost of the returned GOODS and the cost of the commission for the transfer of funds (or courier departure) and the cost of the delivery paid by the consumer.
In case of correct execution of the Order by the SELLER, the BUYER has the right to completely or partially refuse to purchase the GOODS when the GOODS are delivered by the representative of the delivery service, provided that the BUYER paid the full shipping cost agreed with the BUYER when placing the Order on the SELLER’s Website.
9.2. Any of the above requirements must be submitted by the BUYER in writing by mail.
9.3. The BUYER’s demand for replace or return of the GOODS shall be satisfied if the GOODS were not in use, its consumer properties were preserved, packaging was not damaged, documents confirming the purchase of this GOODS in the online store were saved.
9.4. The term of such a requirement is 14 (fourteen) calendar days from the date of delivery of the GOODS to the BUYER, or at any time before the delivery of the GOODS to the BUYER.
9.5. The BUYER shall compensate the SELLER for the necessary transportation expenses incurred in connection with the organization of the replace or return of the GOODS.
10. Force Majeure.
10.1. The Parties are exempted from liability for non-performance or improper performance of obligations under the Agreement for the period of force majeure. Force majeure means extraordinary and insuperable circumstances under the given conditions that impede the fulfillment of their obligations by the PARTIES under this Agreement. They include natural disasters (earthquakes, floods, etc.), circumstances of public life (military operations, emergency situations, major strikes, epidemics, etc.), prohibitive measures of state bodies (transportation prohibition, currency restrictions, international sanctions ban on trade, etc.). During this time, the PARTIES have no mutual claims, and each of the PARTIES assumes its own risk of the consequences of force majeure.
11. Duration of the contract.
11.1. This AGREEMENT shall enter into force from the moment the BUYER contacts the Online Store and place the ORDER, and ends upon full performance of the obligations by the PARTIES.
12. Personal data.
12.1. The SELLER collects and processes the personal data of the BUYERS (namely: the last name, first name, middle name of the BUYER; delivery address; contact phone number) in order to:
— fulfill the terms of this Agreement;
— deliver the ordered Goods to the Buyer.
12.2. By placing the Order for GOODS in the Online Store, the BUYER agrees to the collection and processing of his personal data in order to ensure the delivery the ordered GOODS and fulfill the terms of this Agreement.
12.3. When collecting and processing personal data of BUYERS, the SELLER does not pursue other purposes than those established in clause 12.1 of this AGREEMENT.
12.4. Access to personal data of BUYERS is available only to persons directly related to the execution of ORDERS.
12.5. Information about the BUYER can be transferred to official bodies strictly in accordance with the requirements of the legislation of the Russian Federation.
12.6. The SELLER has the right to send advertising or informational messages to the BUYER. The BUYER has the right to refuse advertising and information messages by sending the SELLER a corresponding written notice. Details for the notification are indicated in section 14.
12.7. The BUYER agrees to receive informational electronic messages (hereinafter referred to as the “Notifications”) from the SELLER to the email address and / or subscriber phone number specified when placing the Order.
13. Responsibility and Warranties of the Seller.
13.1. The SELLER is not liable for damage caused to the Client as a result of improper use of the Goods ordered on the Site.
13.2. The SELLER is not responsible for the content and operation of Third Party Websites.
13.3. The SELLER has the right to assign or in any other way transfer his rights and obligations arising from his relations with the BUYERS to third parties.
13.4. The SELLER agrees not to use the ordered Goods for business purposes.
13.5. The recognition by the court of the invalidity of any provision of this Offer Agreement does not entail the invalidity of the remaining provisions.
14. Details of the online store.
Legal address: 125009, Moscow, Arbat, Vozdvizhenka street, 4/7, building 2, room 1/1
Mailing address: 125009, Moscow, Arbat, Vozdvizhenka street, 4/7, building 2, room 1/1
Actual office address: 125009, Moscow, Arbat, Vozdvizhenka street, 4/7, building 2, room 1/1
Loading address: 141051 Moscow region, Mytishchi, Eremino village, Dmitrovskaya street, building №56/2A
in AO Tinkoff Bank
C / ac.: 30101810145250000974
Tel: 8 800 600 42 14
CEO: Zakharov Fedor Igorevich, acting on the basis of the Charter.