Public offer agreement
Public offer for the provision of services
1. Terms and definitions
1.1. Site visitor - a person who came to the site without the purpose of placing an Order.
1.2. User - an individual, a site visitor who accepts the terms of this Agreement and wants to place Orders on the site.
1.3. Buyer - a User who has placed an Order on the limoni.ru website.
1.4. Seller - Limited Liability Company "WORLD OF BEAUTY". Contacts and details of the Society are on the corresponding page of the site.
1.5. Online store - an Internet site owned by the Seller, located on the Internet at this address, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Goods to Buyers.
1.6. Site - The Site in the Agreement means this Site.
1.7. Product - cosmetic products presented for sale on the Site.
1.8. Order - a duly completed request of the Buyer for the purchase and delivery to the address specified by the Buyer of the Products selected on the Site.
1.9. Federal Law (FZ) - Federal Law of July 27, 2006 No. 152 FZ "On Personal Data".
2. General provisions
2.1. The Seller sells the Goods through the online store.
2.2. By ordering Products through the online store, the User agrees to the terms of sale of Products set out below (hereinafter referred to as the Terms of Sale of Products). In case of disagreement with this User Agreement (hereinafter referred to as the Agreement), the User is obliged to immediately stop using the service and leave the site.
2.3. These Terms of Sale of Goods, as well as information about the Goods presented on the Site, are a public offer in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
2.4. The Agreement can be changed by the Seller unilaterally without notifying the User / Buyer. The new version of the Agreement shall enter into force upon the expiration of 10 (Ten) calendar days from the date of its publication on the Site, unless otherwise provided by the terms of this Agreement.
2.5. The Agreement enters into force from the moment the Buyer sends a duly completed Order to the Seller on the Website of the Online Store.
2.6. By informing the Seller his e-mail and phone number, the Site Visitor / User / Buyer consents to the use of the specified means of communication by the Seller, as well as by third parties involved by him for the purpose of fulfilling obligations to the Site Visitors / Users / Buyers, in order to send advertising and of an informational nature, containing information about discounts, upcoming and current promotions and other events of the Seller, about the transfer of the order for delivery, as well as other information directly related to the fulfillment of the Buyer's obligations under this Public Offer.
3. Subject of the Agreement and the price of the Goods
3.1. The Seller transfers, and the Buyer accepts and pays for the goods under the terms of this Agreement.
3.2. The ownership of the Ordered Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer and the latter paying the full cost of the Goods. The risk of his accidental loss or damage to the Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer.
3.3. The prices for the Goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store.
3.4. The price of the goods is indicated in rubles of the Russian Federation.
4. The moment of the conclusion of the Agreement
4.1. 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).
4.2. Acceptance of this offer (Agreement) - the Buyer's placing an order for the Goods in accordance with the terms of this offer.
4.4. The agreement concluded on the basis of the Buyer's acceptance of this offer is an adhesion agreement to which the Buyer accedes without any exceptions and / or reservations.
4.5. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement. The Buyer who purchased the goods in the Seller's online store (having placed the order for the goods) is considered as a person who entered into a relationship with the Seller under the terms of this Agreement.
5. Rights and obligations of the parties
5.1. The seller undertakes:
5.1.1. Transfer the goods to the Buyer in accordance with the selected sample in the online store, the placed order and the terms of this Agreement;
5.1.2. From the moment this Agreement is concluded, fully ensure all obligations to the Buyer in accordance with the terms of this Agreement and current legislation. The seller reserves the rightfailure to fulfill obligations under the Agreement in the event of force majeure circumstances specified in clause 12 of this Agreement.
5.1.3. Process the Buyer's personal data and ensure their confidentiality in the manner prescribed by applicable law.
5.2. The seller has the right:
5.2.1. Change this Agreement, the Prices for the Goods and the Tariffs for related services, the methods and terms of payment and delivery of the goods unilaterally, by placing them on the pages of the online store. All changes take effect immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
5.2.2. Carry out records of telephone conversations with the Buyer. In accordance with paragraph 4 of Art. 16 of the Federal Law of 27.07.2006 N 149-FZ "On Information, Information Technologies and on the Protection of Information". The Seller undertakes to prevent attempts of unauthorized access to information and / or its transfer to persons not directly related to the execution of Orders; timely detect and suppress such facts.
5.2.3. Without agreement with the Buyer, transfer your rights and obligations to execute the Agreement to third parties, unless otherwise provided by Federal Law.
5.2.4. Before delivery of the goods ordered by the Client, demand from the Client 100% prepayment of the ordered goods. The seller has the right to refuse to deliver the goods to the Client in the absence of such payment.
5.2.5. Not to deliver the Goods to the Client by the courier to the address specified when the Client is placing the order and to transfer the Goods at the pick-up point agreed with the Client.
5.2.6. To impose restrictions on the Goods simultaneously delivered to the Client.
5.2.7. Establish restrictions for the Buyer on the reservation of the Goods.
5.2.8. Use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
5.2.9. Receive information about the ip - address of the site visitor. This information is not used to identify the visitor and is not transferable to third parties.
5.2.10. The Seller has the right to send messages of an advertising and informational nature to the Buyer via e-mail and sms-mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
5.3. The buyer undertakes:
5.3.1. Before the conclusion of the Agreement, familiarize yourself with the content and terms of the Agreement, the prices for the Goods offered by the Seller in the online store.
5.3.2. In fulfillment by the Seller of his obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as a buyer and is sufficient for the delivery of the Goods paid by him to the Buyer.
5.3.3. Pay for the ordered Goods and their delivery under the terms of this Agreement.
5.3.4. Comply with the Sales Rules.
5.4. The buyer has the right:
5.4.1. Return defective goods to the seller with the provision of the following documents:
126.96.36.199. A document confirming the purchase of goods through the Seller's online store;
188.8.131.52. Return request.
6. Order delivery
6.1. After placing an order on the site, the Buyer has the opportunity to choose a method of delivery or receipt of goods.
6.2. The cost of delivery of other Orders is calculated individually, based on the weight of the Goods, region and delivery method and form of payment.
6.3. Methods, cost and regions of delivery of the Goods are indicated on the Site in the "Delivery" section.
6.5. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
6.6. When choosing a courier delivery, the buyer is obliged to provide a contact phone number and answer the courier's call on the day of delivery. If the courier could not get through to the Buyer, delivery cannot be carried out. In this case, the cost of delivery will not be returned to the Buyer; re-delivery can be done after payment of its cost.
6.7. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible to receive the Order paid by bank transfer by the above persons, the Order can be handed over to the person who can provide information about the Order (item number and / or full name of the Recipient). In order to avoid cases of fraud, upon delivery of the paid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt for the Order. The Seller guarantees the confidentiality and protection of the Recipient's personal data.
6.8. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Recipient has placed it.order of signature in the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller refunds to the Buyer the cost of the Order paid by the Buyer and delivery in full after receiving confirmation of the loss of the Order from the Delivery Service.
6.9. The obligation of the Seller to transfer the goods to the Buyer is considered fulfilled at the time the courier delivers the Goods to the Recipient or receives the Goods by the Recipient at the post office or transport company.
6.10. When accepting an Order from a courier, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. If there are no claims to the delivered Goods, the Recipient signs in the "Order delivery form". The signature in the delivery documents indicates that no claims to the Goods have been made by the Recipient and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
6.11. The User understands and agrees that delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the performance of which ends at the time the Receiver receives the Goods and makes payment for it. Claims to the quality of the purchased Goods arising after receipt and payment of the Goods are considered in accordance with the Law of the Russian Federation "On Protection of Consumer Rights" and the Seller's warranty obligations. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not make it possible to carry out warranty service or replace the Goods by visiting the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
6.12. Delivery of the Goods to the Buyer is carried out within the terms agreed by the Parties upon confirmation of the order by the Seller's employee and the conditions set forth in the Rules of Sale.
6.13. When courier delivery of the Goods, the Client in the Delivery register puts his signature in front of those items of the Goods that the Client has purchased. This signature serves as a confirmation that the Client has no complaints about the order, the quantity and appearance of the Goods.
6.14. After receiving the Order, claims to the quantity, completeness and type of the Goods are not accepted.
6.15. If the Client refuses to receive the order at the point of issue within the period established by the Transport Company and returns the goods to the Seller, the Buyer has the right to receive a refund of the money paid for the goods minus the transport costs incurred by the Seller to pay for TC services.
7. Payment for goods
7.1. The price of the goods is indicated in rubles of the Russian Federation and includes value added tax.
7.2. The price of the Goods is indicated on the Site. In case of an incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order in the same way in which it was paid.
7.3. The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
7.4. Payment for the Goods is carried out in the prepayment mode and payment upon receipt of the Order by the methods indicated on the Site.
7.5. Features of payment for the Goods using bank cards:
7.5.1. In accordance with the regulation of the Central Bank of the Russian Federation "On the issue of bank cards and on transactions performed using payment cards" dated 24.12.2004 No. 266-P, transactions with bank cards are performed by the cardholder or by a person authorized by him.
7.5.2. The authorization of bank card transactions is carried out by the payment partner. The payment partners are PJSC SBERBANK, PJSC Bank VTB, Yandex.Kassa or PayKeeper services, depending on the payment method available or selected by the user. If the payment partner has reason to believe that the transaction is fraudulent, then he has the right to refuse to carry out this transaction. Fraudulent transactions with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
7.5.3. To pay (enter the payment card details), the Buyer will be redirected to the payment gateway of the payment partner. The connection with the payment gateway and the transfer of information is carried out in a secure mode using the SSL encryption protocol. If the Buyer's bank supports the technology of secure online payments Verified By Visa, MasterCard SecureCode, MIR Accept, J-Secure, you may also need to enter a specialnew password.
7.5.4. This site and payment gateways support 256-bit encryption. The confidentiality of the reported personal information is provided by the payment partner. The entered information will not be provided to third parties, except in cases provided for by the legislation of the Russian Federation. Payments by bank cards are carried out in strict accordance with the requirements of the payment systems MIR, Visa Int., MasterCard Europe Sprl, JCB.
7.6. The Seller has the right to provide discounts on Products and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are indicated on the Site and can be changed by the Seller unilaterally.
8. Return of goods and money
8.1. Return of goods of proper quality:
8.1.1. The Buyer has the right to refuse the ordered Goods at any time prior to its receipt and within 7 (seven) calendar days after the Buyer receives the order.
8.1.2. If the Buyer refuses the Goods, the Seller returns to him the cost of the returned Goods, with the exception of the Seller's expenses related to the delivery of the Goods returned by the Buyer, within 10 days from the date of receipt of the returned Goods at the Seller's warehouse along with the return application completed by the Buyer.
8.1.3. The returned Goods must not be in use, the presentation of the Goods (labels; original manufacturer's packaging) and consumer properties must be preserved.
8.2. Return of goods of inadequate quality:
8.2.1. A product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. The received Product must correspond to the description on the Site. The difference in design or decoration elements from the description declared on the Site is not a sign of inadequate quality.
8.2.2. The Buyer must transfer the goods of inadequate quality to the Seller in any way, including through the point of issue if the Buyer received the order at the point of issue, through the Seller's company store, or by sending it by Russian Post to the address of the Seller. The Seller compensates the Buyer for the cost of returning the Goods of inadequate quality.
8.2.6. Refunds are made by refunding the value of the returned Goods and sending back (in applicable cases) in a manner agreed between the Seller and the Buyer.
9.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
9.2. All text information and graphic images posted in the online store belong to the Seller, illegal use of this information and images is prosecuted in accordance with the current legislation of the Russian Federation.
9.3. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.
9.4. The Seller is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to improper storage, installation, operation of the goods, actions or inaction of third parties.
9.5. The Seller is not responsible if the Buyer incorrectly selects the characteristics or modifications of the goods.
9.6. The seller is not responsible for the content and functioning of other sites and services.
10. Confidentiality and information protection
10.1.1. To remove information about a Person from our contact lists, you must contact the address, phone number or email address indicated on the website.
10.2. By accepting this offer, the Buyer agrees and permits Mir Krasoty LLC (hereinafter referred to as the Operator) to process their personal data, including last name, first name, patronymic, date of birth, gender, place of work and position, mailing address; home, work, mobile phones, e-mail address, including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer on the territory of the Russian Federation), depersonalization, blocking, destruction of personal data, and also transfer them to the Operator's counterparties for the purpose of further processing (including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer on the territory of the Russian Federation and cross-border transfer), depersonalization, blocking, destruction of personal data ) to conduct research aimed at improving the quality of services, to conduct marketing programs, statistical research, as well as to promote services on the marketm making direct contacts with the Buyer using various means of communication, including, but not limited to: mailing, e-mail, telephone, fax, Internet. The Buyer agrees and permits the Operator and the Operator's counterparties to process the Buyer's personal data using automated database management systems, as well as other software tools specially developed on behalf of the Operator. Work with such systems is carried out according to the algorithm prescribed by the operator (collection, systematization, accumulation, storage, refinement, use, blocking, destruction). The processing methods used (including, but not limited to): automatic verification of postal codes with the code base, automatic verification of the spelling of street names of settlements, automatic verification of the validity of VIN and state registration plates, clarification of data with the Buyer by telephone, postal communication with the Buyer or with using a contact via the Internet, segmentation of the database according to specified criteria. The Buyer agrees that, if it is necessary to achieve the goals specified in this offer, his personal data received by the Operator can be transferred to third parties to whom the Operator can entrust the processing of the Buyer's personal data on the basis of an Agreement concluded with such persons, if subject to the requirements of the legislation of the Russian Federation on ensuring by such third parties the confidentiality of personal data and the security of personal data during their processing. When transferring the specified data of the Buyer, the Operator warns the persons receiving the personal data of the Buyer that these data are confidential and can be used only for the purposes for which they are communicated, and require these persons to comply with this rule. The Buyer has the right to request from the Operator full information about his personal data, their processing and use, as well as demand the exclusion or correction / addition of incorrect or incomplete personal data by sending a corresponding written request to the Operator's name to the postal address. The consent given by the Buyer to the processing of his personal data is indefinite and can be revoked by sending a written application by the Buyer to the Operator at the postal address.
10.3. By placing an order, the buyer also agrees that the fact of registering on the website and / or placing an order with Mir Krasoty, taking into account preliminary familiarization with the text of the offer, is in accordance with clause 1 of Art. 9 of the Law "On Personal Data" a sufficient form of consent to the processing of personal data of the buyer. The specified consent form allows you to confirm the fact of obtaining the buyer's consent, while the seller will not need a written form or other evidence to further confirm the buyer's free will. By placing an order, the buyer confirms that his consent is specific, informed and conscientious.
10.4. Any other information transmitted by the Person in connection with visiting the site ("Other information" that is not personal data of the Person and cannot be used to identify the Person) may be included in the databases that belong to Mir Krasoty LLC "or their representatives World of Beauty LLC retains all rights to these databases and the information stored in them. Other information that we collect may include your IP address and other information collected through cookies (see below).
10.5 This site may use a technology known as a cookie. A cookie is a message that a web server sends to a Person's computer when a Person visits the site. On a second visit, our website will check if there is one of our cookies on the Person's computer. Our cookies increase the functionality of the site and help us to more accurately analyze how the site is used.
10.6 This website uses Internet Protocol (IP) addresses. An IP address is a number assigned to a computer by an ISP to access the Internet. Typically, the IP address changes whenever you access the Internet (this is a "dynamic" address). However, if you are using a high-speed connection, depending on the circumstances, it is possible that the IP address or even the cookie we use contains personally identifiable information. This is because, with some types of high-speed connections, your IP address does not change ("static") and may be associated with the Person's computer. We use the IP address of the Person to provide general information on the use of the site, as well as to improve it.
10.7 This site uses technology to determine the location of the Person.
10.8 A person is obliged to leave this site if he does not want the above data (cookie, IP address and location data) to be processed.
10.9. By placing an order, the buyer also agrees toreceiving advertisements and information from “World of Beauty” LLC via telecommunication networks, including via the Internet, in accordance with Art. 18 No. 38-F3 "On Advertising" dated 13.03.2006. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
11. Force majeure
11.1. Either Party is released from liability for full or partial failure to fulfill its obligations under this Agreement if this failure was caused by force majeure circumstances that arose after the acceptance of this Agreement. "Force Majeure Circumstances" means extraordinary events or circumstances that such Party could not foresee or prevent by means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign government agencies, as well as any other circumstances beyond the reasonable control of either Party. ...
11.2. Changes in current legislation or regulations that directly or indirectly affect any of the Parties are not considered Force Majeure Circumstances, however, if such changes are made that prevent any of the Parties from fulfilling any of its obligations under this Agreement, The Parties are obliged to immediately decide on the procedure for eliminating this problem in order to ensure that the Parties continue to comply with this Agreement.
12. The term of the Agreement, the procedure for its amendment and termination
12.1. The Agreement is considered concluded from the moment the order is placed and is valid until the Parties fully fulfill their obligations under the Agreement.
12.2. The seller has the right to make changes to the Public Offer, the Rules of Sale and other regulations describing the conditions for the purchase of goods unilaterally by publishing the changes on the web server of the Internet store.
12.3. The withdrawal of the offer (Agreement) can be carried out by the Seller at any time, but this is not a basis for refusal of the Seller's obligations under the Agreements already concluded. The seller undertakes to place a notice of the revocation of the offer in his online store, indicating the exact time (4th time zone (Moscow) of the revocation of the offer, at least 12 hours before the event of the revocation (suspension) of the Offer)
13. Additional terms
13.1. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
13.2. The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
13.3. The provisions of Russian legislation apply to the relationship between the User / Buyer and the Seller.
13.4. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions