1. General Provisions
The Terms become from the moment the User agrees with their terms in the manner prescribed by clause 1.3 of the Terms, and are valid indefinitely. Bobber offers Users access to the Site, functionalities, including means of ordering goods, delivery, etc.
1.2. All existing functionality of the Site, as well as the addition of new services of the Site are governed by these Terms, as well as the terms of contracts and agreements concluded between the User and Bobber, if their subject is related to the use of the Site by the User. The Terms may be changed by Bobber without any special notification, the new version of the Terms comes into force from the moment it is posted on the Internet at the address indicated in this paragraph, unless otherwise provided by the new version of the Terms. The current edition of the Terms is always located on the page at http://www.bobberbottle.com/en/terms-conditions/.
The Terms use the terms defined in the Terms of delivery, payment and return, located on the Internet at http://www.bobberbottle.com/en/shipping-returns/.
1.3. Using the Site, any functionality of the Site and / or its individual functions, the User is considered to have accepted the terms of the current Terms in full, without any reservations or exceptions. In case of disagreement of the User with any of the provisions of the Terms, the User is not entitled to use the Site. In the event that Bobber has made any changes to the Terms in the manner prescribed by this paragraph, with which the User does not agree, he is obliged to stop using the Site.
1.4. The functionality of the Site is provided to the User free of charge, unless specifically indicated otherwise. The provision of certain Bobber services is governed by special agreements and / or rules.
2. User’s personal data
2.1. In the process of using the Site and the functionality provided by Bobber through the Site (including when placing an order for any goods and services through the functionality of the Site, but not limited to the above), the User independently and voluntarily decides to provide Bobber with information about the User for the purposes fulfillment of the Terms and the relevant agreements and agreements concluded between Bobber and the User, as well as for the purposes of processing personal data provided by law, as well as all other existing or future agreements and contracts between Bobber and the User, and hereby declares his consent to the processing of Bobber and their transfer for processing to third parties acting on behalf of Bobber, including for the following purposes, but not limited to below the above: providing consulting support to Users in connection with the use of the Site, obtaining statistical and analytical data to improve the functioning of the Site, receiving information and / or advertising messages. Bobber takes all necessary measures to protect the User’s personal data from unauthorized access by third parties.
2.2. In order to fulfill the User Orders, the Bobber provides the Delivery Service with the Buyers' Personal Data in the following volume and in the following cases for their processing for the following purposes:
• after confirming the User’s Order, for the purpose of fulfilling the User’s Order, in addition to the list of goods ordered, their quantity, cost, estimated delivery date, the necessary date and time of shipment, as well as other information, Bobber informs the Delivery Service solely for the purpose of executing the Order, name, patronymic, phone number, email address of the User, information on the method of delivery of the goods, as well as the delivery address, information on the method and status of payment for the goods;
• in the case of receipt of a request for the return of goods purchased on the Site, in order to review the requirements and return and effect a return, the surname, name, patronymic of the person requesting the return of the goods, the number of the identification document, information about the issuing authority and the date of issue, phone number, email address, order number and date, information on the method and status of the return of the goods;
• in case of receipt of other statements, reviews, claims, complaints, messages or documents addressed to the Delivery Service - in order to prepare a response and take the necessary measures - no more than the amount received by Bobber.
• in other cases and purposes, as described in the Policy regarding the processing of personal data and other user documents.
2.3. Bobber has the right to use the obtained Personal Data of Users and other persons solely for the purposes provided for in this section of the Terms, and is obliged to stop such use when the specified processing goals are achieved.
2.4. All information about the User (regardless of whether or not such information relates the applicable law to personal or other data subject to protection) posted by the User on the Site / transmitted by the User to Bobber is posted / transmitted to him in the interests of the User.
2.5. Bobber collects and stores only that personal information that is necessary to provide the functions of the Site and provide its services and to execute agreements and contracts with the User, unless the law provides for the mandatory storage of personal information for a period specified by law. Bobber stores Users personal information in accordance with the requirements of the legislation of the Russian Federation and with the Policy regarding the processing of personal data http://www.bobberbottle.com/en/privacy-policy/.
2.6. It is not allowed to use, distribute, copy and / or extract from the Site manually or automatically (using automated programs: scripts, bots, crawlers) any materials or information. Any such use, distribution, copying of information of the Site is illegal, and Bobber reserves the right to oppose such actions.
3. Consent to receive communications
3.1. Bobber is entitled to send informational and advertising emails to the users.
3.1.1. When using the Site through the appropriate interface of the Site, in accordance with Part 1 of Art. 44.1 of the Federal Law “On Communications” the User agrees to receive electronic communications of an informational nature, including the receipt of cash receipts in electronic form. Providing the User with the specified information is necessary for using the Site services. If the User does not agree with the terms of this subparagraph, he should refrain from using the Bobber site.
3.1.2. When using the Site, in accordance with Part 1 of Art. 18 of the Federal Law "On Advertising" the User is also gives his consent to receive electronic messages of an advertising nature through the appropriate interface of the Site. The user has the right to refuse to receive further advertising messages by clicking on the appropriate link in the received information / advertising message, if any, or by contacting the support service of the Site by e-mail. Users who in one way or another have agreed to receive electronic advertising messages and have not refused to receive them are Participants in the Site mailing list.
4. Rules for ordering goods
4.1. When completing the ordering procedure, the User confirms that he is an adult and fully capable person, capable of performing any actions related to the use of the Site, its functionality, as well as the conclusion of agreements and contracts with Bobber.
4.2. A database is available on the Site for Users, which is an information and reference system containing information about goods / services intended for potential buyers / consumers of goods / services.
4.3. By placing an order for goods, the User agrees to the conditions set forth in these Terms, the Terms of delivery, payment and return, if applicable.
4.4. When placing an Order, the User must provide reliable data regarding his personality and methods of communication with the User or another recipient of the Order. The User assumes all risks, including the risk of non-fulfillment or improper execution of the Order, if the User indicates incorrect data.
4.5. Bobber provides the user with information support when placing an Order and its implementation. When placing an Order, the User agrees to receive informational messages from Bobber and / or the delivery service and (or) Bobber employees.
4.6. The user can change or cancel the Order according to the Terms of delivery, payment and return.
4.7. If the User repeatedly cancels Orders, refuses to accept goods of good quality, or commits a violation of the Terms or other provisions published on the Website, Bobber has the right to unilaterally change the conditions for using the Website functional for such User.
5. Exclusive rights
5.1. All objects available on the Site, including design elements, text, graphics, illustrations, databases and other objects (hereinafter referred to as the content of the Site), as well as any content posted on the Site, are the exclusive rights of Bobber or other copyright holders.
6. Limitation of liability
6.1. The user uses the Site at his own risk. Given the principles of construction and operation of the Internet, the functionality of the Site is provided "as is". Bobber does not accept any responsibility, including for the compliance of the Site with the goals of the User.
6.2. The Bobber provides Users with access to the Site and supports the proper functioning of the Site, quickly restores its performance in the event of technical failures and interruptions. However, Bobber does not provide guarantees for the smooth operation of the Site and compliance with any deadlines for restoring the Site in case of interruptions in work. Bobber does not guarantee that the Site meets / will meet the requirements and expectations of the User, as well as that the functionality of the Site will be provided continuously, quickly, reliably and without errors. Bobber takes the necessary measures to provide the User with a quality service, including during technical interruptions in the operation of the Site. Any technical failures and system errors that have arisen should be reported to the Website technical support email address.
6.3. Bobber is not responsible for non-fulfillment or improper fulfillment of his obligations due to failures in telecommunication and energy networks, malicious programs, as well as unscrupulous actions of third parties aimed at unauthorized access and / or disabling the software and / or hardware complex of the Service.
6.4. Bobber is not responsible for any types of losses incurred by the User arising from the use of the Site by the User or its individual functionality.
6.5. The terms and conditions apply to all types of interaction between the User and Bobber, including, but not limited to the following: any user actions performed through the Site interface, and electronic correspondence, communication with Bobber services. The user undertakes to show respect, patience and attentiveness and clearly express his thoughts when communicating with Bobber employees, not to use foul language, and also not to use insults and not to express his dissatisfaction in a rude manner. If the User violates the provisions of this paragraph and other conditions set forth in this document, Bobber reserves the right to limit interaction with such User.
6.6. In the event of claims or wishes to Bobber, as well as in the event of any alleged violation of property or personal non-property intellectual rights, as well as other personal non-property rights of third parties in connection with the content posted on the Site, the User must notify Bobber of his claim or Alleged violation by sending a statement or email notification to email@example.com.
The term for consideration of a claim by Bobber is 7 business days, unless otherwise specified by the Russian law.
7. Other Provisions
7.1. This Agreement constitutes an agreement between the User and Bobber regarding the procedure for using the Site.
7.2. This Agreement is governed by and construed in accordance with the law applicable to the legal relationship between the User and Bobber for goods / services ordered using the Site.
7.3. If, for one reason or another, one or more of the provisions of this Agreement is declared invalid or not having legal force, this does not affect the validity or applicability of the remaining provisions of the Agreement.
7.4. The Parties undertake to maintain confidentiality and, without the written consent of the other Party, not to disclose or make available to third parties any information that is the property of the other Party or that has signs thereof.
The parties acknowledge all the information received by the User in the process of the User working with the Site and receiving Bobber services with confidentiality (confidential information). The user undertakes not to disclose confidential information to anyone, except as otherwise provided by applicable law in accordance with the requirements of the authorities, law enforcement agencies or the court, or when such information is publicly available, or by mutual agreement of the Parties.
Information shall not be recognized confidential if such information:
• is publicly available;
• was known to the Party that received it at the time of disclosure;
• unintentionally disclosed, despite taking the same precautions that the accused Party takes for its proprietary information.
The Party that violated this provision shall be obligated to compensate the second Party for all losses stipulated by the current legislation that the second Party incurred in connection with the disclosure of information related to the execution of the Agreement.